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Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate Court

By David Fowler Johnson on April 4, 2025
Posted in Cases Decided, Texas Supreme Court

In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original will. The trial court refused to admit the copy, and the…

Court Affirmed The Decision To Not Probate A Copy Of A Lost Will

By David Fowler Johnson on March 19, 2023
Posted in Cases Decided, Texas Court of Appeals

In In re Est. of Brown, a charity attempted to probate a copy of a lost will. No. 01-19-00953-CV, 2022 Tex. App. LEXIS 9259 (Tex. App.—Houston [1st Dist.] December 20, 2022, no pet. history). The trial court denied the application, and the charity appealed. The court of appeals affirmed.

Court Affirms Finding That Will Was Lost And Not Revoked

By David Fowler Johnson on October 20, 2016
Posted in Cases Decided, Texas Court of Appeals

In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet. history). This case was decided under the Texas Probate Code and not the new Estates…

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