Texas Probate Code - Section 27. Enforcement Of Specific Performance
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§ 27. ENFORCEMENT OF SPECIFIC PERFORMANCE. When any
person shall sell property and enter into bond or other written
agreement to make title thereto, and shall depart this life without
having made such title, the owner of such bond or written agreement
or his legal representatives, may file a complaint in writing in the
court of the county where the letters testamentary or of
administration on the estate of the deceased obligor were granted,
and cause the personal representative of such estate to be cited to
appear at a date stated in the citation and show cause why specific
performance of such bond or written agreement should not be
decreed. Such bond or other written agreement shall be filed with
such complaint, or good cause shown under oath why the same cannot
be filed; and if it cannot be so filed, the same or the substance
thereof shall be set forth in the complaint. After the service of
the citation, the court shall hear such complaint and the evidence
thereon, and, if satisfied from the proof that such bond or written
agreement was legally executed by the testator or intestate, and
that the complainant has a right to demand specific performance
thereof, a decree shall be made ordering the personal
representative to make title to the property, according to the
tenor of the obligation, fully describing the property in such
decree. When a conveyance is made under the provisions of this
Section, it shall refer to and identify the decree of the court
authorizing it, and, when delivered, shall vest in the person to
whom made all the right and title which the testator or intestate
had to the property conveyed; and such conveyance shall be prima
facie evidence that all requirements of the law have been complied
with in obtaining the same.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Section: 20 21 22 23 24 25 26 27 28 29 31 32 33 34 34A
Last modified: August 11, 2007
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