[Download] "Ralph W. Currie v. Millard L. Drake" by Dallas the Fifth Court of Civil Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Ralph W. Currie v. Millard L. Drake
• Author : Dallas the Fifth Court of Civil Appeals
• Release Date : January 29, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Appellant, Elizabeth Holt, appeals in cause No. 19127 from a probate courts order finding her individually liable in the sum of $12,771.10 paid by the estate of Eugene Dixon Duncan on a claim by her attorneys when she was the administratrix of the estate and from the probate courts refusal to allow her to claim offsets as administratrix to which she is allegedly entitled. appellant, Ralph Currie, her attorney when she was administratrix, in cause No. 19126 appeals from the same order finding him individually liable for the same sum and directing that court costs in the amount of $771.10 be assessed against him. We have consolidated the two appeals because of their similarity of issues. Both appellants contend that the probate court erred in construing the mandate previously issued by this court reversing the probate courts original order directing payment of the claim. Further, appellant Currie argues that the probate court disregarded the supreme courts opinion in Muse, Currie & Kohen v. Drake 535 S.W.2d 343 (Tex. 1976), when it assessed the court costs against him. Although we do not hold that the probate court erred in the substance of its order, we do hold that the court should have held an evidentiary hearing and that the court entered an improper order in that it should have entered a judgment, assessing the costs against Drake. Consequently, we reverse and remand the cause with instructions.

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