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Ayala v. Brittingham

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

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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.

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