In In re Est. of Corbett, Robert William Corbett died on November 26, 2016, unmarried and without children. No. 14-24-00922-CV, 2025 Tex. App. LEXIS 9380 (Tex. App.—Houston [14th Dist.] December 9, 2025, no pet.). Robert’s 2016 will bequeathed his residue estate to his maternal aunt, Willie Lee Bell Lambert
Texas Court of Appeals
Court Held That Funeral Home Did Not Have Liability For Following Decedent’s Girlfriend’s Directions
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Radford v. Stansbury, Lonzell Radford died on June 21, 2023, while living with Ardie Govan. No. 06-25-00058-CV, 2025 Tex. App. LEXIS 9052 (Tex. App.—Texarkana November 17, 2025, no pet.). Govan reported the death to WCSO, which called Croley Funeral Home to remove the body. Govan signed a cremation…
Court Holds That Jury’s Decision That A Will Was A Forgery Should Have Been Entered As The Judgment
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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…
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…
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 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…
Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS 6408 (Tex. App.—Houston [14th Dist.] August 21, 2025, no pet.). In 2003, Herman sold real property owned by GBH to…