In In re Est. of Ellard, a court ratified an executor signing a contingency fee agreement that was over 35% under section 351.152 of the Estates Code. No. 05-22-01149-CV, 2024 Tex. App. LEXIS 483 (Tex. App.—Dallas January 25, 2024, no pet.). The estate beneficiary contested that agreement and requested a jury trial. Citing the Poe opinion, the court held that “A court handling a dependent administration exercises control over the personal representative and estate that is at least as extensive as the control it has over a receiver and receivership property, and the court also exercises substantial control over certain aspects of an independent administration, including various aspects set forth in chapter 351.” The court held: “It is readily apparent that the statute requiring court approval for a contingent interest in property that exceeds a one-third interest in the property is a proceeding that does not have any of the attributes of a cause for which a Judicial Article jury-trial right exists. In this proceeding, there is no plaintiff seeking a right of recovery or a judgment against a defendant who has committed some wrong. It is an administrative matter.” Id.