In re Shore, 106 S.W.3d 817 (Tex. App.—Texarkana 2003, no pet.).
Executor was dissatisfied with a county court order regarding the
partition and distribution of the estate of which Executor was also a
beneficiary. The order did not award Executor all of the property to
which he believed he was entitled. Consequently, he appealed the
judgment but neglected to file a supersedeas bond. The other
beneficiaries filed a motion to force Executor to comply with the order.
Executor then filed a mandamus proceeding to stop the judge from
enforcing the order.
The resolution of this case turned on the application of Prob. Code § 29
which dispenses with the appellate bond when an executor appeals a lower
court decision unless the appeal personally concerns the executor. The
appellate court refused to issue mandamus because the appeal involved
the amount of money Executor would personally obtain as a result of the
final distribution of the estate. Accordingly, bond was required.
Moral: An executor should file a supersedeas bond if the result of the
appeal would impact the amount of estate property the executor will
receive.