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Court Holds That Party Waived Appeal By Not Timely Appealing An Order Admitting A Will To Probate

By David Fowler Johnson on February 11, 2025
Posted in Cases Decided, Texas Court of Appeals

In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503 (Tex. App.—Houston [1st Dist.] August 1, 2024, no pet. history). The contestant had alleged additional objections to the will…

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 February 11, 2025
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 January 13, 2025
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 January 13, 2025
Posted in Cases Decided, Texas Court of Appeals

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 December 31, 2024
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 December 31, 2024
Posted in Cases Decided, Texas Court of Appeals

In In re Estate of Martinez, a decedent left a holographic will, and a potential recipient of property under that will offered it for probate and sought a declaration regarding a devise of property. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024, no pet.).

Court Affirmed An Order Requiring An Executor And Trustee To Produce Over Twenty Years Of Documents

By David Fowler Johnson on December 16, 2024
Posted in Cases Decided, Texas Court of Appeals

In In re Mason, a trial court entered a discovery order requiring a defendant, who was an executor and trustee, to produce documents and information to the plaintiffs, his children. No. 12-24-00023-CV, 2024 Tex. App. LEXIS 2496 (Tex. App.—Tyler April 10, 2024, original proc.). The defendant filed a petition…

Court Held That A Trustee Made An Appearance In A Case And Was Bound By The Judgment

By David Fowler Johnson on December 16, 2024
Posted in Cases Decided, Texas Court of Appeals

In Covenant Clearinghouse, LLC v. Kush & Krishna LLC, there was a prior judgment that the plaintiff did not owe the defendant a transfer fee. No. 14-23-00092-CV, 2024 Tex. App. LEXIS 2793 (Tex. App.—Houston [14th Dist.] April 23, 2024, no pet.). The defendant filed a second suit under a…

Court Had Jurisdiction To Determine Claims Involving Non-Probate Assets

By David Fowler Johnson on November 27, 2024
Posted in Cases Decided, Texas Court of Appeals

In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet. history). The trial court ruled for the executrix, and the other parties appealed asserting…

Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation Of A Successor Trustees In A Trust Document

By David Fowler Johnson on October 10, 2024
Posted in Cases Decided, Texas Court of Appeals

In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18, 2024, no pet. history). After the wife became incapacitated, the husband amended the…

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