[DOWNLOAD] "Donie Ladehoff v. Donald Ladehoff" by The Supreme Court of Texas " eBook PDF Kindle ePub Free

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eBook details

• Title: Donie Ladehoff v. Donald Ladehoff
• Author : The Supreme Court of Texas
• Release Date : January 09, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Donie Ladehoff, within two years from the time he became twenty-one, filed this suit in the probate court of Randall County attacking a judgment of that court which in 1957, almost ten years earlier, had admitted his mothers will to probate. The probate court rendered a take nothing judgment against Donie. The district court, on appeal, rendered a summary judgment that Donie take nothing on the ground that the 1957 probate judgment "is in all things a final judgment and conclusive of the matters attempted to be raised by contestant." The court of civil appeals affirmed the summary judgment of the district court. 423 S.W.2d 115. We granted Donies application for writ of error to determine whether, as he asserts, Sections 31 and 93 of the Probate Code afforded him methods to make a direct attack upon the probate judgment within two years from the time he attained majority; or, as his father, Donald Ladehoff urges, the 1957 probate judgment is res judicata of Donies contest by reason of Donies participation in the 1957 proceedings through a guardian ad litem appointed by the probate judge. The father also contends that Donie failed to assert grounds for an equitable bill of review. In our opinion Donie had the right under Section 93 of the Probate Code to make a statutory direct attack upon the earlier judgment of the probate court within two years of the time he attained his majority. We reverse the judgments below and remand the cause to the district court for trial upon the merits.

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