Patricia Hayes Donalson, Independent of the Estate of George E. Hayes v. Jerry Harrington, Individually and as Independent of the Estate of Betty Jo Hayes

• Court: Court of Appeals of Texas
• Decided: September 18, 2020
• Docket: 09-19-00286-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00286-CV __________________

PATRICIA HAYES DONALSON, INDEPENDENT EXECUTRIX OF THE ESTATE OF GEORGE E. HAYES, Appellant

V.

JERRY HARRINGTON, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF BETTY JO HAYES, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 117707 __________________________________________________________________

ORDER

Thomas Amidee Morgan, Independent Executor of the Estate of Jerry

Harrington, Sr., Appellee, filed an agreed motion to appoint him as successor

Independent Executor of the Estate of Betty Jo Hayes, Deceased. The Movant

alleges that Jerry Harrington Sr., the Independent Executor of the Estate of Betty Jo

Hayes, has died, that he has been appointed as Independent Executor of the Estate

of Jerry Harrington Sr., and he is not disqualified to serve as Independent

1 Administrator. A court with original probate jurisdiction may appoint a successor

representative. See Tex. Est. Code Ann. §§ 22.007, 361.102.

It is, therefore, ORDERED that the appeal is abated and the case is remanded

to the trial court for appointment of a successor Independent Executor of the Estate

of Betty Jo Hayes. A supplemental reporter’s record of any hearings on the motion

to appoint a successor representative, together with a supplemental clerk’s record

containing any orders and findings of the trial court, shall be filed with the Court of

Appeals by October 19, 2020. The appeal will be reinstated without further Order of

this Court when the supplemental records are filed. All appellate timetables are

suspended while the case is before the trial court.

ORDER ENTERED September 18, 2020.

PER CURIAM

Before Kreger, Horton and Johnson, JJ.