In In re Bice, Lois Kathlyn Bice died in 2009, survived by her husband Donald Gene Bice and three daughters. No.10-25-00307-CV, 2025 Tex. App. LEXIS 9005 (Tex. App.—Waco November 20, 2025, no pet.). In 2010, all parties signed a notarized heirship affidavit stating she died intestate. Mr. Bice continued
David Fowler Johnson
Court Held That An Illegitimate Child Was Not A Beneficiary Of A Trust Due To The Law In Effect At The Time Of The Trust’s Creation
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Zeller v. Allen, William and Elizabeth Moncrief created a trust in 1966 that would distribute to Tex’s children and lineal descendants upon his death. No. 13-24-00200-CV, 2025 Tex. App. LEXIS 8941 (Tex. App.—Corpus Christi November 20, 2025, pet. filed). Charles Moncrief (Tex’s son) died in January 2021, and…
Court Affirmed Rejection Of Executor As Being Unsuitable Who Had Assaulted A Beneficiary
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Terrell, the decedent Sue died on May 15, 2010. No. 12-25-00177-CV, 2025 Tex. App. LEXIS 8901 (Tex. App.—Tyler November 19, 2025, pet. denied). In August 2022, Sue’s son Donald Ray Terrell filed an application for independent administration of Sue’s estate. After learning that Sue…
Court Reversed A Jury Trial Due To Inadequate Damage Evidence And Reversed Summary Judgments Based On The Trustee’s Discretion To Make Distributions And An Exculpatory Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Marshall v. Marshall, the Marshall Grandchildren’s Trust (“Trust”) was established in 1987 for Preston Marshall’s benefit, with his parents Elaine and E. Pierce Marshall as trustees. No. 14-23-00276-CV, 2025 Tex. App. LEXIS 8751 (Tex. App.—Houston [14thDist.] November 13, 2025, no pet. history). From 2007-2014, the Trust distributed income…
Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests to the testator’s daughter and his brothers’ trusts. The Supreme Court will review what evidence is admissible to determine a…
Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts’ Judgments
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In In re Est. of Lopez, Guadalupe Lopez, Jr. applied for independent administration and heirship determination after his father’s death. 724 S.W.3d 847 (Tex. 2025). Gonzalez filed a petition claiming to be Lopez Senior’s common-law wife. At trial, the court allowed former judge Alicia York to testify as an expert…
Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate Court
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Shaw v. Simpson, Sarah Shaw inherited her husband Shad’s business interests after his intestate death in 2018. No. 13-23-00549-CV, 2025 Tex. App. LEXIS 8545 (Tex. App.—Corpus Christi November 6, 2025, no pet.). Sarah initiated probate proceedings in Kleberg County Court in August 2018. Richard Shaw (Shad’s father) sued…
Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV, 2025 Tex. App. LEXIS 5171 (Tex. App.—Houston [14th] July 22, 2025, no pet.). The grandchildren contested this will on…
Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By The Defendant
By David Fowler Johnson on
Posted in Uncategorized
In Henry v. Henry, the testator, who owned a ranch, died and left a will that devised all her property to her four children in equal shares. No. 02-24-00507-CV, 2025 Tex. App. LEXIS 5917 (Tex. App.—Fort Worth August 7, 2025, no pet.). Darrell, one of the settlor’s sons, recorded…
Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston [1st Dist.] August 14, 2025, no pet.). The successor trustee sued for breach of fiduciary duty, conversion, and declaratory and…