Jane Camille Gray v. Matthew Alan Beck, as Independent Administrator of the Estate of Robert Ole Beck

CourtTexas Court of Appeals, 3rd District (Austin)
DecidedJune 26, 2026
Docket03-24-00418-CV
StatusPublished

This text of Jane Camille Gray v. Matthew Alan Beck, as Independent Administrator of the Estate of Robert Ole Beck (Jane Camille Gray v. Matthew Alan Beck, as Independent Administrator of the Estate of Robert Ole Beck) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 3rd District (Austin) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jane Camille Gray v. Matthew Alan Beck, as Independent Administrator of the Estate of Robert Ole Beck, (Tex. Ct. App. 2026).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00418-CV

Jane Camille Gray, Appellant

v.

Matthew Alan Beck, as Independent Administrator of the Estate of Robert Ole Beck, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY NO. 10838, RICHARD R. HICKS, III, JUDGE PRESIDING

MEMORANDUM OPINION

In the underlying case to determine heirship, appellant Jane Camille Gray

opposed appellee Matthew Alan Beck’s application to determine heirship and to be appointed the

independent administrator of his father Robert Ole Beck’s estate. 1 Gray alleged that she was

Robert’s common-law wife. See Tex. Fam. Code § 2.401(a)(2) (establishing elements of

informal marriage). The trial court granted Matthew’s traditional and no-evidence

summary-judgment motion on the issue of whether Robert and Gray had an informal marriage

and denied Gray’s opposition to Matthew’s application. On appeal, Gray challenges the trial

court’s order in seven issues. For the reasons explained below, we affirm.

1 For clarity, we refer to the Becks by their first names. BACKGROUND

Robert and Gray met in April 2019 after Robert moved to Texas from California.

According to Gray’s and some of her witnesses’ testimony, they began to live together in May

2019 on property that belonged to Gray and continued living together until Robert’s death in

December 2022.

Matthew lives in Nevada and his brother, Brian Michael Beck, lives in California.

Gray attested, and Matthew does not dispute, that neither Matthew nor any of Robert’s family

members or California friends visited Robert while he lived in Texas.

Matthew filed his application to determine heirship in January 2023. On

Matthew’s motion, a few days later, the trial court appointed an attorney ad litem “to represent

the interests of the unknown heirs and heirs suffering legal disability” of Robert. Gray filed her

opposition to Matthew’s application the next day.

In August 2023, Matthew filed a traditional and no-evidence summary-judgment

motion. The motion was set for hearing on October 17, 2023. On October 16, 2023, Gray’s

attorney filed an emergency motion for continuance, an affidavit, and a motion for leave to file a

summary-judgment response, as well as Gray’s response with accompanying evidence. Gray’s

attorney attested that he had not received notice of the hearing.

On October 17, 2023, Matthew’s counsel and the court-appointed attorney ad

litem appeared in person and Gray’s counsel, Gray, and Matthew appeared for the hearing by

Zoom. After hearing from all the attorneys, the trial court granted Gray’s motion

for continuance.

On November 1, Gray filed a supplemental response to Matthew’s summary-

judgment motion and a “Motion to Preemptively Deny [Matthew’s] Request to Deem [Gray’s]

2 Admissions Admitted.” The trial court issued a notice of hearing on December 8, 2023, setting

Matthew’s summary-judgment motion for hearing on February 2, 2024. On January 11, 2024,

Matthew filed an amended summary-judgment motion. No new notice of hearing was issued.

On February 2, 2024, the trial court conducted a hearing on the summary-

judgment motion and heard argument from both sides. The attorney ad litem also made a

correction to a name in her report and clarified that her report was “a recitation of the interviews

conducted, and what was said, as well as the documents read.” The trial court signed an order

the same day, stating that after considering Matthew’s “First Amended Traditional and

No-Evidence Motion for Summary Judgment,” and “the pleadings, the response, and the

arguments of counsel,” the motion was granted. The trial court also denied and dismissed with

prejudice to refiling Gray’s opposition to Matthew’s application to determine heirship and for

letters of independent administration.

Gray’s counsel moved to withdraw, and the trial court signed an order granting

the withdrawal of counsel on February 12, 2024. On March 4, 2024, Gray’s new counsel filed a

motion for reconsideration and rehearing (or new trial) of the February 2, 2024 Order, arguing

that the trial court should reconsider its order and grant a rehearing or new trial because (1) there

was no notice for a hearing on Matthew’s amended summary-judgment motion and (2) the trial

court considered oral testimony at the February 2 hearing that was noticed for the original

summary-judgment motion. 2 Matthew filed a response addressing Gray’s due-process argument,

asserting, among other things, that Gray had actual and constructive notice through her prior

counsel that the amended motion would be heard and considered at the February 2 hearing, that

2 We note that Gray’s motion explained that Gray had been unable to obtain the expedited transcript of the February 2 motion that Gray requested and paid for on February 2, despite multiple communications to the court reporter before the March 4 motion was filed. 3 no new notice of hearing was required under Texas Rule of Civil Procedure 166a, and that the

trial court did not allow oral testimony from live witnesses at the hearing.

On March 12, 2024, the trial court heard Matthew’s application to determine

heirship and Gray’s motion for reconsideration and rehearing. On that same day, the trial court

signed the orders denying Gray’s motion and appointing Matthew independent administrator and

a judgment declaring heirship, which included a finding that Robert was not married at the time

of his death.

Also on that same day, Gray filed this appeal. On April 11, 2024, she filed in the

trial court a motion for new trial and a motion for entry of ruling on her pending motions,

seeking a written ruling on her November 2023 motion related to deemed admissions and what

she described as a motion to exclude summary-judgment evidence that was included in her

November 2023 supplemental summary-judgment response. On May 7, 2024, the trial court

conducted a hearing on the motion for entry of ruling on the motions, and on May 14, it signed

an order denying the motion for entry of ruling. Gray filed a motion to strike deemed admissions

on May 24, 2024, and the trial court conducted a hearing on that motion and the motion for new

trial on June 4, 2024. The trial court orally denied both motions at the hearing and signed an

order denying the motion for new trial that day.

Gray amended her notice of appeal to inform this Court that she appeals from the

orders denying her motion for reconsideration and rehearing, appointing independent

administrator, and denying her motion for new trial, as well as the judgment declaring heirship.

4 ANALYSIS

Gray challenges the trial court’s order granting summary judgment against her

and its determination of heirship and appointment of independent administrator in seven issues.

Although she complains of a number of procedural errors, the central issue in this case is

whether Gray presented evidence raising a fact issue on each of the three elements required to

establish an informal marriage in response to Matthew’s no-evidence motion. In her sixth issue,

relying on Hunter v. Ramirez, 637 S.W.3d 858, 861 (Tex. App.—Houston [14th Dist.] 2021, no

pet.), Gray argues that even if this Court were to determine that she had not filed a response to

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Jane Camille Gray v. Matthew Alan Beck, as Independent Administrator of the Estate of Robert Ole Beck, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jane-camille-gray-v-matthew-alan-beck-as-independent-administrator-of-the-txctapp3-2026.