David Fowler Johnson on Appeals

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

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

11/19/2021 / Abuse of Discretion , Appeals , Estate Planning , Executors , Fiduciary Duty , Fitness for Particular Purpose , Power of Attorney , Probate , Probate Courts , Residual Clause , Standard of Review , Trustees , Wills

Court Reversed Trial Court On Interpretation Of Trust Regarding Per Stirpes Versus Per Capita Distributions

In In the Interest of Riley Family Revocable Trust, a trustee filed suit for a declaration regarding who takes in the distribution of remaining trust property. No. 13-20-00084-CV 2021 Tex. App. LEXIS 5839 (Tex. App.—Corpus...more

10/11/2021 / Appeals , Beneficiaries , Trust Distributions , Trusts

Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber Rights

In JPMorgan Chase Bank, N.A. v. Campbell, a member of a limited partnership sued other partners, including a trustee of a trust, to dissolve the partnership. No. 09-20-00161-CV, 2021 Tex. App. LEXIS 5001 (Tex. App.—Beaumont...more

8/30/2021 / Appeals , Beneficiaries , Corporate Dissolution , Estate Planning , Limited Partnerships , Liquidation , Personal Jurisdiction , Reversal , Specific Jurisdiction , Trust Distributions , Trustees , Trusts

Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history)....more

6/30/2021 / Appeals , Attorney's Fees , Beneficiaries , Breach of Duty , Equitable Distribution , Estate Planning , Executors , Fiduciary Duty , Real Estate Transfers , Wills

Texas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The Will

In In the Estate of Johnson, a child of the decedent accepted over $143,000 from the decedent’s estate and then decided to challenge the will due to mental capacity and undue influence. No. 20-0424, 2021 Tex. LEXIS 426 (Tex....more

6/1/2021 / Acceptance of Benefits Doctrine , Appeals , Beneficiaries , Estate Planning , Executors , Inheritance , TX Supreme Court , Wills

Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse

In In re Estate of Pandozy, a woman attempted to intervene in a probate proceeding claiming that she was the informal spouse of the decedent. No. 05-19-00755-CV, 2021 Tex. App. LEXIS 1265 (Tex. App.—Dallas February 22, 2021,...more

4/12/2021 / Appeals , Probate , Spouses , Standing

Business Divorce: Court Affirms Denial Of SLAPP Motion Regarding Partnership Divorce Suit

In TSA-Tex. Surgical Assocs., L.L.P. v. Vargas, one partner sued his other partners for various claims regarding the defendants attempt to squeeze the plaintiff out of the partnership. No. 14-19-00135-CV, 2021 Tex. App. LEXIS...more

4/12/2021 / Anti-SLAPP , Appeals , Business Divorce , Free Speech , Motion to Dismiss , Partnerships

Courts Rule On Jurisdictional Issues Involving Probate Orders

One of the most difficult areas for probate litigation is determining when a party has an order that is appealable. There have been several recent cases that discuss this important area of probate litigation....more

3/30/2021 / Appeals , Jurisdiction , Probate

Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A...

A business divorce may mean that the owners need to sell the business or the business’s assets. In the following case, some of the owners/officers took advantage of a sale transaction to benefit from that transaction at the...more

3/30/2021 / Appeals , Asset Purchase Agreements , Breach of Duty , Business Assets , Business Divorce , Corporate Bonuses , Corporate Officers , Disgorgement , Duty to Disclose , Fiduciary Duty , Forfeiture , Reversal , Summary Judgment

Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause

In Odom v. Coleman, a brother and a sister sued each other regarding their father’s estate. No. 01-19-00669-CV, 2020 Tex. App. LEXIS 9551 (Tex. App.—Houston [1st Dist.] December 8, 2020, no pet.)....more

3/15/2021 / Appeals , Beneficiaries , Estate Planning , Personal Property , Reformation , Residual Clause , Wills

Court Holds That A Defendant Did Not Owe A Fiduciary Duty To An Affiliate’s Licensee Because Its In-House Attorneys Did Not Have...

In Belliveau v. Barco, Inc., a licensor of intellectual property sued the owner of the licensee for breach of fiduciary duty related to the sublicensing to a third party. No. 19-50717, 2021 U.S. App. LEXIS 2489 (5th Cir....more

2/27/2021 / Affiliates , Appeals , Attorney-Client Privilege , Fiduciary Duty , IP License

David Fowler Johnson

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