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
Cases Decided
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…
Court Granted Mandamus Relief To Require A Plaintiff To Answer Discovery In A Trustee Removal Dispute
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Gruss, Shawn Gruss was appointed trustee of the Gallagher Family Trust in 2016. No. 14-25-00098-CV, 2025 Tex. App. LEXIS 6596 (Tex. App.—Houston [14th Dist.] August 25, 2025, original proceeding). In 2020, the settlor’s son sued for a declaratory judgment regarding distributions. In October of 2024, the…
Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Courts Grant Mandamus To Compel Arbitration In A Will Dispute
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871 (Tex. App.—Waco February 13, 2025, original proceeding). After R.C.’s death in 2021, his will was admitted to probate. R.C.’s…