Case Update -- In re Hudson
Monday, February 28, 2011
Gerry Beyer in Beyer, appeal, case update, procedure

In re Hudson, 325 S.W.3d 811 (Tex. App.—Dallas 2010, no pet. h.).

ESTATE ADMINISTRATION -- Appeal -- Admitting Will to Probate and Granting Independent Administration

Will Contestant requested a jury trial.  However, the trial court heard the application without a jury and over Contestant’s objection.  The court then admitted the testator’s will to probate and issued an order granting independent administration.  Contestant then filed a petition for a writ of mandamus.

The appellate court denied the petition because Contestant has an adequate remedy on appeal.  The court held that an order admitting a will to probate and granting an independent administration was a final order and thus appealable.

Moral:  An order admitting a will to probate and granting independent administration is a final order which a dissatisfied person may appeal.

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Gerry W. Beyer
Governor Preston E. Smith Regents Professor of Law
Texas Tech University School of Law
1802 Hartford St.
Lubbock, TX 79409-0004
voice (806) 742-3990, ext. 302
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