In Re John G. Kenedy Memorial Foundation

159 S.W.3d 133, 2004 WL 1335849
CourtCourt of Appeals of Texas
DecidedAugust 5, 2004
Docket13-03-696-CV
StatusPublished
Cited by35 cases

This text of 159 S.W.3d 133 (In Re John G. Kenedy Memorial Foundation) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re John G. Kenedy Memorial Foundation, 159 S.W.3d 133, 2004 WL 1335849 (Tex. Ct. App. 2004).

Opinions

OPINION

Opinion by

Chief Justice VALDEZ.

In this original proceeding, relators1 ask us to determine whether a statutory probate court judge has authority to transfer to his court bills of review pending in other courts pursuant to section 5B of the probate code. See Tex. Prob.Code Ann. § 5B.2 Real party in interest, Ann Fernandez, filed four bills of review in the County Court of Kenedy County seeking to reopen the estates of John G. Kenedy, Jr., his wife Elena Suess Kenedy, and his sister Sarita Kenedy East. She also filed bills of review in other courts challenging several judgments pertaining to the disposition of the three estates. The respondent, the Hon[137]*137orable Guy Herman, a statutory probate court judge assigned to the County Court of Kenedy County, transferred to his court three of Fernandez’s bills of review filed in other courts and consolidated these with bills of review pending in his court pursuant to section 5B of the probate code. In a plea to the jurisdiction, a motion to dismiss for lack of jurisdiction, and a response to the motion to transfer, relators unsuccessfully challenged the statutory probate court judge’s authority to transfer the three bills of review.

In this proceeding, relators contend the statutory probate court judge had no authority to transfer the bills of review from other courts to his court because (1) well-settled law provides that only the court that issued the judgment has jurisdiction to hear the bill of review attacking that judgment; and (2) in the alternative, section 5B of the probate code did not provide the statutory probate court judge with authority to transfer the bills of review to his court because no estate was pending before him at the time of the transfer. Because we conclude the statutory probate court judge had no statutory authority to order the transfers, we conditionally grant the writ and order the statutory probate court judge to vacate his orders transferring the three bills of review to his court.

I. FACTUAL AND PROCEDURAL HISTORY

Fernandez alleges she is Mr. Kenedy’s biological daughter and only learned this fact in the past few years. Through bills of review, she seeks to reopen the administration of Mr. Kenedy’s estate, Mrs. Kene-dy’s estate, and Ms. East’s estate, and other actions described below and related to the disposition of these estates.

A. John G. Kenedy, Jr.’s Estate and Related Action

Mr. Kenedy died in 1948.3 His will was admitted to probate in the County Court of Kenedy County in Estate of John G. Kene-dy, Jr., cause number 189. In his will, Mr. Kenedy bequeathed to his wife his property, “both personal and mixed.”

Humble Oil & Refining Company held oil, gas, and mineral leases to real property belonging to Mr. Kenedy. In 1949, it filed suit in the District Court of Kenedy County in Humble Oil & Refining Company v. East, cause number 35, seeking a determination of whether Mr. Kenedy’s will disposed of his real property. The final judgment established that Mr. Kene-dy’s will disposed of all of his property, including his real property and real property interests. In 1952, the administration of Mr. Kenedy’s estate in cause number 189 was completed.

B. Sarita Kenedy East’s Estate and Related Actions

Ms. East died in 1961. A will dated 1960, which left a portion of her estate to The John G. and Marie Stella Kenedy Memorial Foundation (the Foundation), was admitted to probate in the County Court of Kenedy County in Estate of Sari-ta K. East, cause number 344. Several matters relating to the disposition of Ms. East’s estate were litigated extensively in various cases.4

Among those causes of actions was a will contest filed in the County Court of Kene-[138]*138dy County in Trevino v. Turcotte, cause number 348. The county court set aside Ms. East’s 1960 will and the order admitting it to probate. Proponents of the 1960 will filed appeals that were consolidated into cause number 101-209-D in the District Court of Nueces County. That court rendered a judgment that, among other things, found the 1960 will and a specified codicil to be Ms. East’s last will and testament. Portions of the judgment were appealed and, ultimately, upheld. See Trevino v. Turcotte, 564 S.W.2d 682, 690 (Tex.1978).

In 1964, Arnold Garcia, an appointed temporary administrator of Ms. East’s estate, filed suit in the District Court of Kenedy County in Garcia v. The John G. and Marie Stella Kenedy Memorial Foundation, cause number 85, to set aside inter vivos gifts Ms. East made to the Foundation. Ultimately, the district court dismissed this action.

The Attorney General filed suit seeking a final accounting of Ms. East’s estate in the District Court of Kenedy County in Mattox v. Alice National Bank, cause number 158. In 1986, the district court concluded a final accounting should be made and transferred the case to the County Court of Kenedy County for proceedings consistent with the judgment. Accordingly, the county court issued an order closing Ms. East’s estate in cause number 344 in 1987.

C. Mrs. Kenedy’s Estate

Mrs. Kenedy died in 1984, leaving a portion of her estate to the John G. Kene-dy, Jr. Charitable Trust (the Trust). Her will was admitted into probate in cause number 379 in the County Court of Kene-dy County. The administration of her estate was completed in 1985.

D. The Underlying Actions

Beginning in October 2001, Fernandez filed numerous actions seeking to reopen most of the suits described above. In these bills of review, she alleges she is entitled to her intestate share of real property Mr. Kenedy did not dispose of in his will and that she is an heir of Ms. East. She contends she should have been a party in the suits pertaining to the three estates. She requests, among other things, an accounting and distribution from the Foundation and Trust as beneficiaries of the estates.

She filed the following bills of review in the County Court of Kenedy County:

1) Estate of John G. Kenedy, Jr., cause number 189;5
2) Estate of Sarita Kenedy East, cause number 344;
3) Estate of Elena Suess Kenedy, cause number 379; and
4) Estates of John G. Kenedy, Jr., Sari-ta Kenedy East, and Elena Suess Kenedy, cause number 395.

She filed bills of review in the District Court of Kenedy County in the following actions:

1) Humble Oil & Refining Co. v. East, cause number 35 (renumbered to 03-CV-050); and
2) Garcia v. The John G. & Marie Stella Memorial Foundation, cause number 85 (renumbered to 03-CV-051).

She filed a bill of review in the District Court of Nueces County in Trevino v. Turcotte, cause number 101-209-D, which [139]*139was renumbered to 02-2959-D. She also filed a suit titled Fernandez v. Exxon Mobil Corporation, cause number 02-2331-C in the District Court of Nueces County.

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Cite This Page — Counsel Stack

Bluebook (online)
159 S.W.3d 133, 2004 WL 1335849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-g-kenedy-memorial-foundation-texapp-2004.