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In re Estate of Wallace

Theresa Isenberger and Mary Moriset appeal the dismissal of their petition for construction of the will of Helen Wallace, their sister. On reconsideration of the issues presented, we will grant the motion for rehearing, withdraw our prior opinion and judgment, and issue this opinion and judgment. The trial court erred in granting the plea to the jurisdiction dismissing the claims of Isenberger and Moriset because their claims were not within the exclusive trust jurisdiction of the district court. The county court-at-law's judgment is reversed and remanded for further proceedings. Waco Court of Appeals, No. 10-09-00215-CV, 11-03-2010

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MEMORANDUM OPINION ON REHEARING

Theresa Isenberger and Mary Moriset appeal the dismissal of their petition for construction of the will of Helen Wallace, their sister. The will of Helen Wallace was offered and admitted to probate in the county court at law of Johnson County, Texas. Shortly thereafter, Isenberger and Moriset filed their petition for the county court at law to construe Wallace’s bequest in her will, which also sought a determination, in part, of whether a trust was created by the terms of the will. The independent executor, Robert Semple, and the Office of the Attorney General filed a joint plea to the jurisdiction, asking the trial court to dismiss the petition for lack of jurisdiction on the basis that the county court at law did not have jurisdiction over the cause of action because it related to a trust, over which only the district court had jurisdiction. Isenberger and Moriset complain that the trial court erred by granting the plea to the jurisdiction because the question presented in their petition was to construe the terms of the will, over which the county court at law would have jurisdiction.*fn1

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