In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.] August 29, 2024, no pet.). The proponent alleged that he did not receive
Cases Decided
Court Held That Non-Attorney Executor Could Not Appeal An Order
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed). The executrix filed an appeal, and the court of appeals dismissed the appeal. The court…
Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history). The receiver filed a motion to approve the sale of real estate due to it being unproductive. A…
Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The Decedent’s Death
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm equipment located thereon to my two children . . . in equal shares; provided, however, if either [of the children]…
Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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)…
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…