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Click here for the full text of this decision FACTS:Appellant, Ben C. Lambeth, filed suit in the County Court of McLennan County, sitting as a probate court, alleging the existence of a nuncupative will made by the decedent Stephen Ellis Alexander. On Lambeth’s motion, the County Court transferred the case to a McLennan County district court, which rendered judgment in favor of the appellees, Cheryl and Deborah Alexander, Stephen’s sisters, who alleged that Stephen died intestate. HOLDING:The court vacates the judgment of the district court and remand this cause to the district court with instructions to return the case to the constitutional county court, where jurisdiction remains. When a constitutional county court transfers a probate matter to a district court when the matter should have been transferred to a statutory county court, the transfer order is of no effect and any subsequent orders rendered by the district court are void. There is a narrow exception to the general rule that only constitutional county courts and statutory county courts may exercise original probate jurisdiction in a county with a court structure like McLennan County: “[I]f a cause of action such as is here in question involves some legal or equitable right connected with the claim for the adjudication of which the powers of the probate court are inadequate to grant the claimant the full relief to which he is entitled, the district court has jurisdiction in an original action for such purpose.” Laubhan v. Peoria Life Ins. Co., 129 Tex. 225, 102 S.W.2d 399, 405 (1937). In Lambeth’s pleadings, he seeks among other things the imposition of a constructive trust. However, neither the constitutional county court nor the county courts at law have jurisdiction to impose a constructive trust in a probate proceeding. The statute defining what matters are “appertaining to” or “incident to an estate” provides different definitions for probate proceedings in constitutional and statutory county courts than for probate proceedings in statutory probate courts and district courts. Section 5A(b), which applies to statutory probate courts and district courts, provides that “the interpretation and administration of testamentary trusts and the applying of constructive trusts” are matters “appertaining to” or “incident to an estate” for probate proceedings in those courts. Conversely, �5A(a), which applies to constitutional and statutory county courts, does not include a similar “trust provision” though the remainder of its provisions are virtually identical to those of �5A(b). Because constitutional and statutory county courts do not have jurisdiction to impose a constructive trust in a probate proceeding, it could be argued that the district court was an appropriate court to transfer Lambeth’s suit to because the suit “involves some legal or equitable right connected with the claim for the adjudication of which the powers of the probate court are inadequate to grant the claimant the full relief to which he is entitled.” However, each of the cases cited to for this principle involves situations in which a separate suit was filed in a district court to pursue claims which the probate court purportedly lacked jurisdiction to address. The court fails to find a case in which a constitutional county court transferred a probate proceeding in toto to a district court because the former lacked jurisdiction “to grant the claimant the full relief to which he is entitled.” Rather, if the probate court lacks jurisdiction to grant “full relief,” “the district court has jurisdiction in an original action for such purpose.” There is no statutory basis for a constitutional county court to transfer a probate matter to a district court in a county in which there is no statutory probate court, but in which there is a county court at law or other statutory court exercising the jurisdiction of a probate court, the court concludes. OPINION:Reyna, J.; Gray, C.J., Vance and Reyna, JJ.

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