Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ayala v. Brittingham

The executor of a foreign will is not required to bring an ancillary proceeding to collect and gather personal property.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MOTION TO DISMISS DENIED; REVERSED AND RENDERED

The County Court at Law of Webb County, Texas, sitting as a probate court, admitted the will of Juan Roberto Brittingham-McLean (Don Juan) to ancillary probate and issued ancillary letters testamentary to the appellee, Ana Maria de la Fuente de Brittingham, wife of the deceased. Ms. Brittingham filed suit against a number of Don Juan’s heirs, including appellant, for wrongfully appropriating over $60,000,000.00 in assets from Don Juan’s estate. Appellant, Maria Christina Brittingham- Sada de Ayala, moved to dismiss the probate action, claiming the Webb County probate court has no subject matter jurisdiction over Ms. Brittingham’s claims, or in the alternative, that Ms. Brittingham should be removed as executrix of the estate. Ms. Ayala appeals the probate court’s denial of both motions.

Ms. Brittingham contends we have no jurisdiction over Ms. Ayala’s appeal because the probate court’s order is not final for purposes of appeal. We hold we have jurisdiction over the appeal. However, because the Webb County probate court had no jurisdiction to admit the will to ancillary probate, we reverse the probate court’s orders and render judgment that the case is dismissed without prejudice for lack of jurisdiction.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
COMMERCIAL REAL ESTATE PARALEGAL

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
ENVIRONMENT & ENERGY ASSOCIATE

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Newark, NJ. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements