Opinion
NO. 09-19-00286-CV
09-18-2020
PATRICIA HAYES DONALSON, INDEPENDENT EXECUTRIX OF THE ESTATE OF GEORGE E. HAYES, Appellant v. JERRY HARRINGTON, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF BETTY JO HAYES, Appellee
On Appeal from the County Court at Law No. 1 Jefferson County, Texas
Trial Cause No. 117707
ORDER
Thomas Amidee Morgan, Independent Executor of the Estate of Jerry Harrington, Sr., Appellee, filed an agreed motion to appoint him as successor Independent Executor of the Estate of Betty Jo Hayes, Deceased. The Movant alleges that Jerry Harrington Sr., the Independent Executor of the Estate of Betty Jo Hayes, has died, that he has been appointed as Independent Executor of the Estate of Jerry Harrington Sr., and he is not disqualified to serve as Independent Administrator. A court with original probate jurisdiction may appoint a successor representative. See Tex. Est. Code Ann. §§ 22.007, 361.102.
It is, therefore, ORDERED that the appeal is abated and the case is remanded to the trial court for appointment of a successor Independent Executor of the Estate of Betty Jo Hayes. A supplemental reporter's record of any hearings on the motion to appoint a successor representative, together with a supplemental clerk's record containing any orders and findings of the trial court, shall be filed with the Court of Appeals by October 19, 2020. The appeal will be reinstated without further Order of this Court when the supplemental records are filed. All appellate timetables are suspended while the case is before the trial court.
ORDER ENTERED September 18, 2020.
PER CURIAM Before Kreger, Horton and Johnson, JJ.