Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Werth v. Johnson

In a probate case involving allegations of fraud, the court of appeals upheld the trial court's grant of summary judgment. Beaumont Court of Appeals, No. 09-08-00296-CV, 08-27-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

George Werth appeals the summary judgment on his cause of action for fraud against Susan Johnson, individually and as representative of the Estate of their father, Bobby Werth. We affirm the judgment of the trial court.

Late in his life, Bobby Werth gathered his five children about him and directed his daughter Susan to write the following: “(George Werth) Skipper is to have house to retire. If he (George) is to die the house is to go to the estate of Bobby Werth.” Bobby’s four daughters signed below a line that states “I agree.” Bobby signed the document later, with only George present. The will admitted to probate after Bobby’s death divided Bobby’s estate equally between his five children and did not provide a life estate in the house for George. George sued Susan, individually and in her capacity as the executrix of Bobby’s estate, for breach of fiduciary duty and fraud, and asked for a judgment declaring his rights to the property. Susan filed a counterclaim for intentional infliction of emotional distress. The trial court granted Susan’s motion for summary judgment. With the filing of amended pleadings and a severance of remaining issues, only George’s fraud claim is at issue in this appeal. In six issues, George contends the summary judgment record reveals genuine issues of material fact on the elements of his cause of action for fraud.

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
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


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