In Re Estate of Bean

This is a probate proceeding concerning the estate of Mary Ann Bean. Beans last will and testament, naming William Richard Shore, Jr., as independent executor, was admitted to probate in the County Court at Law of Rusk County, and Shore qualified as the independent executor. Shore is also a devisee under Beans will. Three other devisees, James J. DeWitt, Tom G. DeWitt, III, and Marlo DeWitt Senick (the DeWitts), filed a petition seeking a declaratory judgment and order for partition and distribution of the estate. The trial court granted that petition and rendered a declaratory judgment that a portion of Beans will, and its first codicil, transferring real property to Shore, failed for lack of specificity. Shore was ordered to partition and distribute the estate within thirty days in accordance with the courts judgment.