In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No. 14-23-00131-CV, 2024 Tex. App. LEXIS 3208 (Tex. App.—Houston [14th Dist.] May 9, 2024
Cases Decided
Court Affirmed The Removal Of An Executor For Gross Mismanagement
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history). The friend, who was not an attorney, also drafted wills for them, and named…
Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had Primary Jurisdiction
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original proc.). An opposing party filed claims against him in the probate proceeding…
Court Determined That A Deed Did Not Create A Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history). In 1943, the then acting trustees deeded the ranch to a council.
Court Affirmed Dismissing Application To Probate Foreign Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of De Chavez, a party filed an application to probate a Mexican will under Texas Estates Code Section 501.001 where the decedent was domiciled in Texas at the time of her death. No. 08-23-00072-CV, 2024 Tex. App. LEXIS 4347 (Tex. App.—El Paso June 21, 2024…
Court Affirmed Order Admitting Will To Probate Over Undue Influence Allegation And Over An Alleged Subsequent Holographic Codicil To An Earlier Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Mynard v. Degenhardt, a decedent’s grandson offered a will to probate, and his aunt opposed that admission due to an alleged holographic codicil that allegedly revived a previous will. No. 14-22-00773-CV, 2023 Tex. App. LEXIS 9640 (Tex. App.—Houston [14th Dist.] December 28, 2023, pet. filed). The decedent executed…
Court Affirms Summary Judgment For An Executrix’s Estate Based On Limitations
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4, 2024, no pet. history). The trial court entered summary judgment for the defendant…
Court Affirmed The Trial Court’s Refusal To Probate A Will Due To The Statute Of Limitations
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Hartwell, a trial court granted summary judgment that the applicant to probate a will was not entitled to do so due to the statute of limitations. No. 06-23-00054-CV, 2024 Tex. App. LEXIS 166 (Tex. App.—Texarkana December 6, 2023, no pet. history). The decedent died…
Court Construed Holographic Will To Devise Certain Property To A Granddaughter
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Martinez, a son appealed an order finding that his mother’s holographic will devised certain property to his daughter. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024, no pet. history). The court of appeals affirmed. The court stated as follows concerning…
Court Held That Estate Beneficiary Was Not Entitled To Jury Trial On Ratification Of Attorney’s Fees Agreement
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Ellard, a court ratified an executor signing a contingency fee agreement that was over 35% under section 351.152 of the Estates Code. No. 05-22-01149-CV, 2024 Tex. App. LEXIS 483 (Tex. App.—Dallas January 25, 2024, no pet.). The estate beneficiary contested that agreement and requested…