In the Estate of Jessie Gray, DeceasedAppeal from County Court of Bailey County (concurring memorandum opinion )
Annotate this Case
Download PDF
In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-13-00271-CV ________________________ IN THE ESTATE OF JESSIE GRAY, DECEASED On Appeal from the County Court Bailey County, Texas Trial Court No. 2556; Honorable Sherri Harrison, Presiding June 10, 2014 CONCURRING OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. I concur with the opinion of the majority. I write separately, however, to express my opinion that, while the trial court s judgment, entitled Order for Delivery of Homestead Property to Surviving Spouse might be construed as determining that Appellee, Celia Gray, has a life-time possessory interest in the property the subject of this dispute, this Court s opinion should not be read as reaching that conclusion. As the majority correctly states, we are faced with a situation where the record was not sufficiently developed to allow this Court, or the trial court, to determine whether the disputed property was among the decedent s effects and therefore, subject to an order of delivery pursuant to section 272, or an allowance in lieu of exempt property pursuant to section 273 of the Texas Probate Code. See TEX. PROB. CODE ANN. §§ 272, 273 (West Supp. 2013).1 However, as stated by the majority, in the absence of evidence to the contrary, we must assume the record supports the trial court s implied decision that the property was a part of the decedent s estate. Accordingly, I believe the opinion of this Court should be construed no further than saying the trial court did not err in ordering that Celia Gray holds a possessory homestead interest in whatever property interest the Estate of Jessie Gray might have owned upon his death. Patrick A. Pirtle Justice 1 In 2009, the Texas Legislature repealed the Texas Probate Code with an effective date of January 1, 2014, and recodified the statutes as the Estates Code. See Act of May 26, 2009, 81st Leg., R.S., ch. 680, §§ 1, 10(a), 2009 Tex. Gen. Laws 1512, 1731-32. Section 272 is now section 353.052, and section 273 is now section 353.053. See TEXAS ESTATES CODE ANN. §§ 353.052 & 353.053 (West Pamphlet 2013). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
