David Fowler Johnson on Appeals

Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So

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)....more

4/18/2025 / Appeals , Estate Planning , Extrinsic Evidence , Holographic Wills , Intestate Succession , Judicial Authority , Probate , Revocation , Statutory Interpretation , Wills

Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust

The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement with an entity and gave it authority...more

4/14/2025 / Appeals , Appellate Courts , Business Litigation , Contract Disputes , Corporate Governance , Investment Trust Companies , Real Estate Investments , REIT , Shareholder Litigation , Standing , TX Supreme Court

Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order

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...more

4/8/2025 / Appeals , Beneficiaries , Burden of Proof , Evidence , Judicial Estoppel , Probate , Reversal , Will Contest , Wills

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

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....more

4/8/2025 / Appeals , Appellate Courts , Beneficiaries , Dismissals , Estate Planning , Jurisdiction , Motion to Dismiss , Probate , Texas , Will Contest

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

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...more

2/12/2025 / Appeals , Final Judgment , Jurisdiction , Probate , Probate Courts , Will Contest , Wills

Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined...

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....more

1/14/2025 / Appeals , Arbitration , Arbitration Awards , Competency Requirements , Contract Terms , Evidence , Fraud , Jurisdiction , Mandatory Arbitration Clauses , Stays , Undue Influence Claims

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

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...more

1/2/2025 / Appeals , Estate Planning , Executors , Probate Courts , Trust Distributions , Wills

Court Affirmed A Judgment For An Estate Because The Personal Representative Participated In The Case

In Charles v. Est. of Kornbacher, the estate sued a defendant regarding the ownership of real property. No. 01-23-00125-CV, 2024 Tex. App. LEXIS 2947 (Tex. App.—Houston [1st Dist.] April 30, 2024, no pet. history)....more

9/19/2024 / Appeals , Estate Planning , Personal Representatives , Property Ownership , Standing

Court Rules That There Is No Right To A Jury Trial In A Trust Modification Suit And Affirms The Modifications Of A Trust

First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other...more

10/30/2023 / Appeals , Appellate Courts , Estate Planning , Jury Trial , Modification , Rules of Civil Procedure , Trustees , Trusts

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

10/3/2023 / Affidavits , Appeals , Beneficiaries , Drafting Attorney , Estate Planning , Mental Capacity , Probate , Spouses , Summary Judgment , Testamentary Capacity , Wills

Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined

In Estate of Long, the plaintiff sued trustees and alleged that she was the only child of the decedent and asserted a cause of action for a will contest and a cause of action for a declaratory judgment action in which she...more

9/11/2023 / Appeals , Beneficiaries , Declaratory Judgments , Intestacy , Intestate Succession , Jurisdiction , Probate , Residual Clause , Trustees , Will Contest , Wills

Court Affirms Order Voiding Marriage Between Decedent And His Niece

In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469...more

8/28/2023 / Appeals , Beneficiaries , Marriage , Mental Capacity , Probate , Standing , Statute of Limitations , Summary Judgment , Testamentary Capacity , Voidable , Will Contest , Wills

Court Affirmed Removal Of An Administratrix For Gross Mismanagement

In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). ...more

5/1/2023 / Appeals , Attorney's Fees , Beneficiaries , Conflicts of Interest , Estate Planning , Fiduciary Duty , Mismanagement , Personal Representatives , Removal For-Cause

Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity

In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex. App.—Eastland June 9,...more

10/3/2022 / Appeals , Beneficiaries , Diminished Capacity , Estate Planning , Undue Influence Claims , Will Contest , Wills

Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockholder

In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more

6/21/2022 / Appeals , Breach of Duty , Confidential Information , Fiduciary Duty , Shareholders , Stocks , TX Supreme Court

Appellate Court Rules On Supersedeas Issues For Appeal Of Breach Of Fiduciary Duty Judgment

In Ahlgren v. Ahlgren, the plaintiff asserted that the defendant breached fiduciary duties by taking assets held in trust for the plaintiff’s father. No. 13-22-00029-CV, 2022 Tex. App. LEXIS 2843 (Tex. App.—Corpus Christi...more

5/31/2022 / Abuse of Discretion , Appeals , Beneficiaries , Breach of Duty , Fiduciary Duty , Transfer of Assets , Trusts

Appellate Court Held That It Did Not Have Jurisdiction Over A Probate Court’s Order Denying A Motion For Summary Judgment And...

In Janine v. McAfee, parties fought over who should be the administrator of an estate. No. 01-20-00717-CV, 2021 Tex. App. LEXIS 10101 (Tex. App.—Houston [1st Dist.] December 23, 2021, no pet. history). ...more

3/28/2022 / Appeals , Estate Planning , Executors , Jurisdiction , Probate

Court Holds That Trust Was Not Ambiguous And Provided The Trustee Discretion In Making Income Distributions

In Wells Fargo, N.A. v. Clower, a trustee filed suit for declaratory relief regarding its discretion to make income distributions. No. 02-20-00058-CV, 2021 Tex. App. LEXIS 7675 (Tex. App.—Fort Worth September 16, 2021, no...more

3/4/2022 / Appeals , Attorney's Fees , Declaratory Relief , Summary Judgment , Trustees , Trusts

Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys...

In Flores v. Branscomb PC, before her death, the decedent hired counsel to prepare a new will. No. 13-18-00411-CV, 2021 Tex. App. LEXIS 4612 (Tex. App.—Corpus Christi June 10, 2021, no pet. history)....more

2/14/2022 / Appeals , Attorney Malpractice , Beneficiaries , Estate Planning , Fiduciary Duty , Privity of Contract , Summary Judgment , Wills

Appellate Court Grants Mandamus Relief To Require A Jury Trial On The Issue Of Whether The Inspection Of Books And Records Of A...

A common complaint of a minority shareholder is the denial of access to the corporation’s books and records. A shareholder enjoys the right to examine and copy certain records of the corporation in which the shareholder owns...more

1/17/2022 / Abuse of Discretion , Appeals , Books & Records , Improper Purpose , Jury Trial , Mandamus Petitions , Minority Shareholders , Shareholder Litigation , Shareholder Rights , Shareholders , Writ of Mandamus

Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A...

In Goepp v. Comerica Bank & Trust, N.A., the settlors created inter vivos trusts and their three children were the remainder beneficiaries. No. 03-19-00485-CV, 2021 Tex. App. LEXIS 5461 (Tex. App.—Austin July 9, 2021, no pet....more

1/3/2022 / Appeals , Beneficiaries , Estate Planning , Inter Vivos Trust , Jurisdiction , Settlement , Successors , Trust Remainder Beneficiaries , Trustees

David Fowler Johnson

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