In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.). Over several years, the account lost most of its worth, and the client sued the advisor for breach of
David Fowler Johnson
Court Affirms Order Holding That There Was An Informal Marriage
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Thomas v. Doolittle, an independent executor of the estate of an alleged husband appealed the sufficiency of the evidence to support the trial court’s order granting appellee’s petition for declaratory judgment, holding that she and the decedent were informally married. No. 03-23-00498-CV, 2024 Tex. App. LEXIS 7161 (Tex.
Texas Supreme Court Holds That Executor Who Is Also The Sole Beneficiary Of The Estate Can Represent The Estate Pro Se
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’ divorce decree and property distribution. While her appeal was pending in the…
Court Affirmed Order Denying Probate Of A Will Due To The Absence Of A Record
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Earnest E. Clifton, an applicant offered a copy of a lost will, and the trial court denied the application via a zoom hearing without a court reporter. No. 05-24-00079-CV, 2024 Tex. App. LEXIS 7071 (Tex. App.—Dallas October 1, 2024, no pet.). The applicant appealed…
Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.). After she passed, the trial court admitted her will to probate and appointed the…
Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A Defendant, But Otherwise Affirming The Trial Court’s Denial Of An Objection To Personal Jurisdiction
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No. 08-23-00327-CV, 2024 Tex. App. LEXIS 6805 (Tex. App.—El Paso September 16, 2024, no pet.). The…
Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.] August 29, 2024, no pet.). The proponent alleged that he did not receive…
Court Held That Non-Attorney Executor Could Not Appeal An Order
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed). The executrix filed an appeal, and the court of appeals dismissed the appeal. The court…
Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history). The receiver filed a motion to approve the sale of real estate due to it being unproductive. A…
Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The Decedent’s Death
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm equipment located thereon to my two children . . . in equal shares; provided, however, if either [of the children]…