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Texas Probate Code - Section 335. Special Provisions Pertaining To Livestock

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 335. Special Provisions Pertaining To Livestock

§ 335. SPECIAL PROVISIONS PERTAINING TO LIVESTOCK.  When 
the personal representative of an estate has in his possession any 
livestock which he deems necessary or to the advantage of the estate 
to sell, he may, in addition to any other method provided by law for 
the sale of personal property, obtain authority from the court in 
which the estate is pending to sell such livestock through a bonded 
livestock commission merchant, or a bonded livestock auction 
commission merchant.  Such authority may be granted by the court 
upon written and sworn application by the personal representative, 
or by any person interested in the estate, describing the livestock 
sought to be sold, and setting out the reasons why it is deemed 
necessary or to the advantage of the estate that the application be 
granted.  The court shall forthwith consider any such application, 
and may, in its discretion, hear evidence for or against the same, 
with or without notice, as the facts warrant.  If the application be 
granted, the court shall enter its order to that effect, and shall 
authorize delivery of the livestock to any bonded livestock 
commission merchant or bonded livestock auction commission 
merchant for sale in the regular course of business.  The commission 
merchant shall be paid his usual and customary charges, not to 
exceed five per cent of the sale price, for the sale of such 
livestock.  A report of such sale, supported by a verified copy of 
the merchant's account of sale, shall be made promptly by the 
personal representative to the court, but no order of confirmation 
by the court is required to pass title to the purchaser of such 
livestock.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 2001, 77th Leg., ch. 443, § 1, eff. Sept. 1, 2001.

Last modified: August 11, 2007