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Texas Descent and Distribution Law
Kish D. Powell v. The State of Texas

Kish D. Powell filed a suit against the State of Texas for a declaratory judgment of inability to pay property taxes and for injunctive relief. Before service of process, the trial court dismissed the case as frivolous and for failure to comply with the procedural requirements that apply to litigation filed without payment of costs by persons incarcerated in the Texas Department of Criminal Justic... More...   $0 (03-05-2015 - TX)

Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper

Stephen Hopper, Laura Wassmer and their stepmother Jo Hopper bring cross appeals from a summary judgment in a probate proceeding. The decedent, Max Hopper, married Jo Hopper in 1981. During the marriage, they purchased a home on Robledo Drive which they occupied until Max’s death on January 25, 2010. Max died intestate. The couple had no children. Max’s two children by a prior marriage, Stephe... More...   $0 (12-03-2014 - TX)

The Heirs of Andres Garcia and Francisca Menchaca v. Atlee Parr, Ranch Enterprises LLC, Los Orcones Ranch LTD and Los Orcones Ranch Management LLC

This is an appeal of a take-nothing summary judgment adjudicating title to approximately 11,000 acres of real property in Duval County. Because we conclude appellants failed to produce evidence that they hold title to any part of the property at issue, we affirm the trial court’s judgment.
1 Sitting by assignment.
The property in d... More...
   $0 (08-13-2014 - TX)

In The Matter of the Estate of Willard O. Allen, deceased

This is an appeal of an order admitting a will to probate as a muniment of title. Appellant, Willard Miles Allen, objected to the probate of his father’s will, alleging that his mother, Jo Ann Allen, was in default for failing to offer the will to probate within the four-year time period prescribed by TEX. PROB. CODE ANN. § 73(a) (West 2003). In a bench trial, the trial court found that Jo Ann ... More...   $0 (05-09-2013 - TX)

Antonella Apuzzo v. Richard E. Monore, Jr.

In this appeal, we consider whether a suit for non-dispositive administrative consolidation of several trusts, filed by guardians of a partially incapacitated person pursuant to Section 112.054 of the Texas Property Code, triggered an in terrorem1 clause in the wills creating the trusts, thus resulting in a forfeiture of the ward’s interest in the trusts. We affirm.


The... More...
   $0 (12-01-2012 - TX)

Jason Sparks v. Benny L. Cunningham

This is an appeal from a summary judgment entered in a declaratory judgment action involving the ownership of a tract of real property. We affirm.

Background Facts

Appellant, Jason Sparkman, is a surviving son of Marvin Glenn Sparkman. Marvin died intestate on December 14, 2006, leaving his children Jason, Lisa Sparkman, and Kevin Sparkman as his survivors. Additional... More...
   $0 (08-09-2012 - TX)

Price Otho Hubbard, Jr. v. Marc G. Rosenthal

This dispute involves a probate court’s apportionment of $100,000 received from the settlement of a wrongful-death and survival action. Raising seven issues, Appellant Price Otho Hubbard Jr. complains about the apportionment. We will affirm.


This case arose out of a house fire in February 2006 that left three children dead and another severely injured. Among the children... More...
   $0 (05-31-2012 - TX)

Robert S. Pickelner and Ian Hurwitz v. David Adler, et al.

Appellants, Robert S. Pickelner and Ian Hurwitz, appeal separately from a final judgment rendered in a probate matter. We determine (1) whether the trial court erred by denying Pickelner's motion for new trial for the mistaken reason that the motion had been belatedly filed; (2) whether Hurwitz preserved his complaint that the trial court erred by not rendering judgment in accordance with a pa... More...   $0 (07-02-2007 - TX)

Virginia K. Villarreal, et al. v. Gerardo Acevedo

Virginia K. Villarreal, Margarita V. Acevedo, David V. Acevedo, and Eduardo V. Acevedo challenge the trial court's revision of a judgment declaring heirship. After appellants' mother, Melba V. Acevedo, died intestate, the trial court declared appellants to be her only heirs. The decedent's stepson, Gerardo Acevedo, filed a bill of review, seeking to be declared her heir through equitable adopti... More...   $0 (04-01-2004 - TX)

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