[DOWNLOAD] "Ayala v. Mackie" by In the Supreme Court of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Ayala v. Mackie
- Author : In the Supreme Court of Texas
- Release Date : January 12, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This is the third appeal from a probate proceeding involving the assets of a Mexican decedent, and a dispute between his surviving spouse and some of his children and grandchildren. In the first appeal, a panel of this court determined the probate court had subject matter jurisdiction, but reversed the courts order appointing Ana Maria Brittingham as executrix and remanded the cause. See Ayala v. Brittingham, 131 S.W.3d 3 (Tex. App.--San Antonio 2003, pet. filed). In the second appeal, a panel of this court determined the probate courts exercise of personal jurisdiction over some of the Mexican defendants was unreasonable and did not comport with fair play and substantial justice. See Brittingham-Sada de Powers v. Ancillary Estate of Brittingham-McLean, No. 04-01-00389-CV, 2004 WL 2599405 (Tex. App.--San Antonio Nov. 17, 2004, no pet. h.). This appeal arises from the probate courts appointment of a successor administrator, following our remand of the first appeal. We affirm the order denying Roberto Tijerinas application to name him as successor executor; however, because the order appointing Kevin Mackie did not set a bond, we reverse that order and remand.