Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Estate of Wallace

Theresa Isenberger and Mary Moriset appeal the dismissal of their petition for construction of the will of Helen Wallace, their sister. On reconsideration of the issues presented, we will grant the motion for rehearing, withdraw our prior opinion and judgment, and issue this opinion and judgment. The trial court erred in granting the plea to the jurisdiction dismissing the claims of Isenberger and Moriset because their claims were not within the exclusive trust jurisdiction of the district court. The county court-at-law's judgment is reversed and remanded for further proceedings. Waco Court of Appeals, No. 10-09-00215-CV, 11-03-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION ON REHEARING

Theresa Isenberger and Mary Moriset appeal the dismissal of their petition for construction of the will of Helen Wallace, their sister. The will of Helen Wallace was offered and admitted to probate in the county court at law of Johnson County, Texas. Shortly thereafter, Isenberger and Moriset filed their petition for the county court at law to construe Wallace’s bequest in her will, which also sought a determination, in part, of whether a trust was created by the terms of the will. The independent executor, Robert Semple, and the Office of the Attorney General filed a joint plea to the jurisdiction, asking the trial court to dismiss the petition for lack of jurisdiction on the basis that the county court at law did not have jurisdiction over the cause of action because it related to a trust, over which only the district court had jurisdiction. Isenberger and Moriset complain that the trial court erred by granting the plea to the jurisdiction because the question presented in their petition was to construe the terms of the will, over which the county court at law would have jurisdiction.*fn1

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements