In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history). The son alleged that on May 7, 2007, the mother executed a holographic will (2007 will)
Cases Decided
Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet. history). The order: (1) appoints a temporary dependent administrator pending…
Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the third party. No. 05-23-00087-CV, 2024 Tex. App. LEXIS 7635 (Tex. App.—Dallas…
Court Holds That Party Waived Appeal By Not Timely Appealing An Order Admitting A Will To Probate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not Have Jurisdiction Over The Defensive Allegations Concerning The Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no pet. history). Contestants filed their opposition to the will, asserting that the…
Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined In Arbitration
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex. App—Fort Worth 2024, pet. filed). The trial court held that the capacity issues should be resolved by…
Court Holds That Contingent Remainder Beneficiary Has Standing To Sue Trustee For Breach Of Fiduciary Duty
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est., the court of appeals dealt with whether a contingent beneficiary can file claims against a trustee. No. 02-23-00104-CV, 2024 Tex. App. LEXIS 1878 (Tex. App.—Fort Worth March 14, 2024, no pet.). The court held that contingent beneficiaries do have standing:
…We conclude that James is within
Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into a family trust. No. 08-23-00146-CV, 2024 Tex. App. LEXIS 2240 (Tex. App.—El…
A Court Affirmed A Construction Of A Will Regarding The Devise Of Real Property
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Affirmed An Order Requiring An Executor And Trustee To Produce Over Twenty Years Of Documents
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals