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William Palmer v. Coble Wall Trust Company

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eBook details

  • Title: William Palmer v. Coble Wall Trust Company
  • Author : Supreme Court Of Utah
  • Release Date : January 28, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

This case addresses the scope of a statutory probate courts jurisdiction under ? 5A(b) of the Texas Probate Code as it existed in 1985. William Palmer, the independent administrator of an estate, brought this suit in statutory probate court against Coble Wall Trust Company, Inc., the estates former temporary administrator, and Elwood Cluck, president of Coble Wall. The suit alleged negligence, gross negligence, and violations of the DTPA, which included breach of fiduciary duty and misrepresentations of the estate plans characteristics. Based on favorable jury findings for the plaintiff, the probate court rendered judgment for Palmer. The court of appeals reversed and rendered for Coble Wall and Cluck on the basis that the probate court lacked subject matter jurisdiction over the suit. ___ S.W.2d ___. Because the probate court did not exceed its subject matter jurisdiction, we reverse the judgment of the court of appeals and remand the cause to that court for consideration of the unaddressed points of error.


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