Lewis Wright v. Jean Jones, Individually, and Dorothy Sharkey, as Next Friend and Agent of Jean Marie Wright

CourtCourt of Appeals of Texas
DecidedJuly 26, 2023
Docket10-21-00297-CV
StatusPublished

This text of Lewis Wright v. Jean Jones, Individually, and Dorothy Sharkey, as Next Friend and Agent of Jean Marie Wright (Lewis Wright v. Jean Jones, Individually, and Dorothy Sharkey, as Next Friend and Agent of Jean Marie Wright) 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
Lewis Wright v. Jean Jones, Individually, and Dorothy Sharkey, as Next Friend and Agent of Jean Marie Wright, (Tex. Ct. App. 2023).

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00297-CV

LEWIS WRIGHT, Appellant v.

JEAN JONES, INDIVIDUALLY, AND DOROTHY SHARKEY, AS NEXT FRIEND AND AGENT OF JEAN MARIE WRIGHT, Appellees

From the 13th District Court Navarro County, Texas Trial Court No. D19-28471-CV

OPINION

In two issues, appellant, Lewis Wright, complains about a judgment rendered in

favor of appellees, Jean Jones, individually, and Dorothy Sharkey, as next friend and

agent of Jean Marie Wright, involving property located in Navarro County, Texas.1

1 Jean Wright is the mother of Jean Jones and the step-mother of Dorothy Sharkey. Specifically, Lewis contends that the trial court erred by denying him a one-half interest

in and the right to possess and use the property located in Navarro County, which

Lewis’s father, Billy Wright, conveyed to him. We reverse and render, in part, and

reverse and remand, in part.

Background

On January 23, 2015, Billy and Jean Wright, Lewis’s stepmother, jointly executed a

General Warranty With Enhanced Life Estate (Lady Bird Deed). The Lady Bird Deed

conveyed to Lewis the family home and ten acres located in Navarro County, subject to

the following reservation:

For Grantor and Grantor’s assign, a reservation of a life estate without any liability for waste, with full power and authority to sell, convey, mortgage, lease, and otherwise dispose of the Property in fee simple, with or without consideration, without joinder by the remaindermen and to retain absolutely any and all proceeds derived therefrom. Grantor shall also have full power and authority to revoke, amend, divest, replace, change or otherwise alter the designation of remaindermen without joinder by the remaindermen.

Billy and Jean Wright were identified as the grantors, and they both signed the deed. The

deed identified Lewis as the sole grantee.

On March 1, 2015, Billy passed away. Following his death, the family sought to

probate his will. Both Billy and Jean Wright executed reciprocal wills that left their entire

estate to the surviving spouse.

On May 12, 2016, Jean Wright signed a durable power of attorney appointing

Dorothy as her “agent (attorney-in-fact)” to act on Jean Wright’s behalf regarding real Wright v. Jones, et al. Page 2 property transactions and estate, trust, and other beneficiary transactions, among other

things.

On August 13, 2018, Dorothy, as Jean Wright’s attorney-in-fact, executed a

revocation of the Lady Bird Deed. Both Dorothy and Jean Wright signed the revocation

document. On March 5, 2020, Dorothy, as Jean Wright’s attorney-in-fact, signed an

additional revocation of the Lady Bird Deed. Both the August 13, 2018 and the March 5,

2020 revocations identified Lewis as the sole beneficiary or grantee and sought to “cancel

and revoke any and all interests of Grantee in the Property, including all present, future,

remainder, and contingent interests.”

Thereafter, Jean Jones filed suit against Lewis, asserting a trespass claim and

requesting injunctive relief. In her original petition, Jean Jones alleged the following:

Since October 1, 2018, Plaintiff [Jean Jones] has resided at her mother’s house at 15421 Highway 31 East, Kerens, Texas 75144. On October 9, 2019, Plaintiff returned to her place of residence at 15421 Highway 31 East, Kerens, Texas 75144 after visiting friends and family out of town for a few days. When Plaintiff arrived at her home, the gate to the entrance of the property was locked, so she had to climb over the gate to enter the property. When Plaintiff tried to enter the home, her key no longer fit in the locks on the doors of the house. Plaintiff attempted to contact her brother, Lewis Wright, who lives at their mother’s home with her, but he failed to answer the phone. When Plaintiff eventually got into contact with her brother, Defendant, Lewis Wright, he informed Plaintiff that she would no longer be allowed to live there and she could only gather her belongings and leave. He had changed the locks on the door. Since that time, Defendant has refused to allow plaintiff to enter her residence.

In an affidavit attached to her original petition, Jean Jones indicated that Jean Wright now

resides in a nursing home in Ennis, Texas. Wright v. Jones, et al. Page 3 Lewis filed an original answer generally denying the allegations made by Jean

Jones. Thereafter, Jean Jones filed a supplemental petition adding Dorothy, as next friend

and agent of Jean Marie Wright, as a plaintiff. In their supplemental petition, Jean Jones

and Dorothy reasserted the trespass cause of action and request for injunctive relief and

also requested declarations that the August 13, 2018 and March 5, 2020 revocations were

effective; that Lewis “has no present, future, or remainder interest in the property”; that

Jean Wright owns the entire property in fee simple; that no interest in the property passed

on the death of Billy; that Jean Wright has the sole present right of possession of the

property; and that Jean Wright has the exclusive right to grant permission to others to

enter the property. Lewis filed a counterpetition requesting declarations that “the

interest in the real property described in the attached deed vested in Lewis Allen Wright

on March 1, 2015[,] upon the passing of Billy J. Wright; and . . . That Lewis Allen Wright

owns said property in fee simple.”

After a bench trial, the trial court rendered judgment in favor of Jean Jones and

Dorothy on their trespass claim and awarded $6,319.92 in damages. The trial court also

granted a declaratory judgment in favor of Jean Jones and Dorothy as follows:

• “The Revocation of General Warranty Deed with Enhanced Life Estate (Lady Bird Deed) admitted into evidence as Exhibit P-3 in this cause was effective.”

• “Jean M. Wright owns the property made the subject of this litigation and described in Exhibit P-1, admitted in this cause, in fee simple.”

Wright v. Jones, et al. Page 4 • “Jean M. Wright has the sole present right of possession of the property made the subject of this litigation and described in Exhibit P-1, admitted into evidence in this cause.”

• “Jean M. Wright has the exclusive right to grant permission to others to enter the property the property [sic] made the subject of this litigation and described in Exhibit P-1, admitted into evidence in this cause.”

Lewis filed a motion for new trial, and a request for findings of fact and conclusions of

law. Lewis’s motion for new trial was overruled by operation of law, and the trial court

did not make any findings of fact and conclusions of law. See TEX. R. CIV. P. 329b(c). This

appeal followed.

The Lady Bird Deed

In two issues, which we will consider together, Lewis contends that the trial court

erred by concluding that he does not have a one-half ownership interest in the property

based on the Lady Bird Deed and by concluding that he does not have the right to possess

and use the property.

STANDARD OF REVIEW

The purpose of a declaratory-judgment action is to establish the existing rights,

status, or other legal relationships between the parties. City of El Paso v. Heinrich, 284

S.W.3d 366, 370 (Tex. 2009); see TEX. CIV. PRAC. & REM. CODE ANN. § 37.009(b). Suits for

declaratory judgment are intended to determine the rights of parties when a controversy

has arisen, but before any wrong has been committed. See Armstrong v. Hixon, 206 S.W.3d

Wright v. Jones, et al. Page 5 175, 179 (Tex. App.—Corpus Christi 2006, pet. denied); see also Montemayor v. City of San

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Lewis Wright v. Jean Jones, Individually, and Dorothy Sharkey, as Next Friend and Agent of Jean Marie Wright, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-wright-v-jean-jones-individually-and-dorothy-sharkey-as-next-texapp-2023.