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In re Klein

Court of Appeals For The First District of Texas
Aug 24, 2017
NO. 01-17-00249-CV (Tex. App. Aug. 24, 2017)

Opinion

NO. 01-17-00249-CV

08-24-2017

IN RE JERROLD KLEIN, INDEPENDENT EXECUTOR OF THE ESTATE OF IRVING KLEIN, DECEASED, Relator


Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

In this probate dispute, relator Jerrold Klein, independent executor of the estate of Irving Klein, seeks to set aside the statutory probate court's order compelling Klein to transfer real property to a beneficiary under the testator's will, to account for all personal property that Klein removed from the testator's home after death, and to provide three copies of the testator's death certificate to a beneficiary. Klein argues that the probate court lacked jurisdiction to order him, as an independent executor, to take these actions.

The Honorable Rory R. Olsen, Judge of the Probate Court Number Three of Harris County, Texas, Respondent. The underlying lawsuit is In the Estate of Irving Klein, Deceased, No. 447,952 (Prob. Ct. No. 3, Harris Cty., Tex.).

We deny Klein's petition for writ of mandamus. See TEX. R. APP. P. 52.8(d) (providing that, when denying mandamus relief, appellate court may hand down opinion but is not required to do so). We lift the stay issued on April 18, 2017. All pending motions are dismissed as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Keyes.


Summaries of

In re Klein

Court of Appeals For The First District of Texas
Aug 24, 2017
NO. 01-17-00249-CV (Tex. App. Aug. 24, 2017)
Case details for

In re Klein

Case Details

Full title:IN RE JERROLD KLEIN, INDEPENDENT EXECUTOR OF THE ESTATE OF IRVING KLEIN…

Court:Court of Appeals For The First District of Texas

Date published: Aug 24, 2017

Citations

NO. 01-17-00249-CV (Tex. App. Aug. 24, 2017)