Texas Supreme Court
William Palmer, as Independent Administrator of the Estate of Booney M. Moore, Deceased, Petitioners v. The…
January 20, 1993851 S.W.2d 178
Summary
The Texas Supreme Court held that the statutory probate court had subject‑matter jurisdiction over the negligence, gross negligence and DTPA claims filed by independent administrator Palmer against former temporary administrator Coble Wall because the 1985 amendment to Tex. Prob. Code §5A(b) grants concurrent jurisdiction to probate courts in actions by or against a personal representative. The Court reversed the Court of Appeals and remanded for further consideration. Justice Cornyn dissented, arguing that the amendment did not expand jurisdiction beyond claims "appurtenant or incident to" an estate.