Goodwin v. Kent

• Decision Date: 29 January 1988
• Docket Number: No. 12-87-00193-CV,No. 2,2,12-87-00193-CV
• Parties: Kenneth Wayne GOODWIN, Relator, v. The Honorable Cynthia Stevens KENT, Judge of the County Court at Lawof Smith County, Texas, Respondent.
• Court: Texas Court of Appeals

Page 466

745 S.W.2d 466

Kenneth Wayne GOODWIN, Relator, v. The Honorable Cynthia Stevens KENT, Judge of the County

Court at Law No. 2 of Smith County, Texas, Respondent.

No. 12-87-00193-CV.

Court of Appeals of Texas,

Tyler.

Jan. 29, 1988.

Carl David Adams, Adams & Francis, Dallas, for relator.

John D. Glass, Jr., J. Robert Dobbs, Jr., Leonard Davis, Tyler, for respondent.

PER CURIAM.

This is an original mandamus proceeding whereby Kenneth Wayne Goodwin (hereinafter "Relator") seeks to compel the Honorable Cynthia Stevens Kent, Judge of the County Court at Law No. 2 of Smith County, Texas, to abate an action filed in the County Court at Law No. 2. That action was brought by John D. Glass, Jr., successor independent executor of the Estate of Kenneth C. Miller; Texas American Bank Tyler, N.A., trustee of the Kenneth C. Miller Testamentary Trust; and JoAnne Miller Glass (hereinafter collectively "Respondents").

BACKGROUND

Kenneth C. Miller died on August 20, 1974. On September 9, 1974, an order was entered by the County Court of Smith County, Texas, admitting Miller's will to On July 14, 1987, Relator filed an action in the 4th Judicial District Court in Rusk County, Texas, naming JoAnne Miller Glass as the sole defendant. Relator's Sworn Exhibits, Ex.A. In that petition, Relator alleged that he was the illegitimate son of Kenneth C. Miller and as such was entitled to seek and did seek determination of his ownership under a 1934 deed of one-half interest in 975 acres of real property located in Rusk County, Texas, known as the "Miller Farm"; declaration of his rights and status vis-a-vis JoAnne Miller Glass; an equitable accounting from Mrs. Glass for the subject property from the date of Kenneth C. Miller's death; attorney's fees; and declaratory relief that the Texas law regarding the rights of illegitimate children to inherit from their natural parents.

                probate and issuing letters testamentary to Ben Goodwin 1 and the Tyler Bank and Trust Company as co-independent executors of Miller's estate.  The enumeration of property disposed of by Miller's will includes "All parcels of real estate situated in Rusk County, Texas, and in the Juan Ximines Survey, inclusive of all parcels of land known as the Miller Farm, sometimes referred to as the Bradford tract, together with all tracts of land adjacent thereto and purchased by Kenneth C. Miller, including surface and minerals."   Resp. Sworn Exhibits, Ex.  C, II, para. 5. 2  The inventory of property of the estate, as sworn to by the co-executors, included the "Kenneth C. Miller Ranch, Rusk County, Texas, containing 1326.67 acres of land out of the Juan Ximines Survey, ... total acres 1326.67 less 900 Life-Estate Acres...."  No showing has been made that the administration of Miller's estate has been closed
                

On August 26, 1987, Respondent John D. Glass filed with the County Court of Smith County, Texas, in Cause No. 16, 534, a Petition for Determination of Title to Land Incident to the Estate of Kenneth C. Miller, deceased, and a Petition for Determination of Heirship Incident to the Estate of Kenneth C. Miller, deceased. The land of which Respondent seeks determination of title is referred to as the Miller Farm in Rusk County, Texas, and includes the property which is the subject of the Rusk County action. Relator was named to be served with process in both matters, as were "the unknown heirs, children, and descendents of Kenneth C. Miller, deceased."

On August 31, 1987, JoAnne Miller Glass filed a Plea in Abatement and Motion to Transfer Venue in the Rusk County action. To date, the 4th Judicial District Court has not acted upon those motions.

On September 15, 1987, Relator filed a Plea in Abatement in the County Court at Law No. 2 in Cause No. 16, 534, In re Estate of Kenneth C. Miller, Deceased. The grounds alleged in support of the plea were that the Rusk County District Court had exclusive dominant jurisdiction to determine the title to the 975 acres of property known as the Miller Farm by virtue of the earlier filing in that court, and that the estate had no standing to seek a judicial determination of Miller's heirs because Miller died testate and his will disposed of all of his property. Further, Relator alleged that because the 975 acres was not listed in the inventory of property of Kenneth C. Miller that was filed with the Smith County Court, that court was without jurisdiction to determine title to the property.

By Order of October 5, 1987, the Smith County Court at Law No. 2, Judge Kent presiding, overruled Relator's Plea in Abatement. The court concluded that it had "jurisdiction of all matters incident to the Estate of Kenneth C. Miller, including those matters now brought before the court...." It is that Order that Relator seeks to compel the County Court at Law to vacate and enter an order granting his plea in abatement.

THE JURISDICTIONAL QUESTION

Without regard to the characterization of the issues as set out by the parties, it is clear that underlying both actions are the issues of whether Relator is the illegitimate son of the deceased Kenneth C. Miller, and who legally is entitled to title to the 975 acres of real property in the Juan Ximines Survey in Rusk County, known as the Miller Farm. Resolution of the title issue will involve determination of the validity of two potentially conflicting deeds.

Both courts have at least the theoretical authority to resolve a valid title dispute over the Miller Farm property. The Fourth Judicial District Court has in rem jurisdiction by virtue of the property's location in Rusk County. Tex. Const. art. V, § 8. The property was also listed in Kenneth C. Miller's will as property to be disposed of under the terms of the will. ³ The determination of the decedent's rights to assets is a matter incident to the estate. English v. Cobb, 593 S.W.2d 674, 676 (Tex.1979). Section 5A(a) of the Texas Probate Code also defines matters appertaining or incident to an estate as including "all actions for trial of title to land incident to an estate." Therefore, the Smith County Court at Law No. 2 also has the authority to hear a title dispute over the Miller Farm because the issue is a matter appertaining or incident to an estate. Tex.Prob.Code § 5(d) (Vernon 1980). ⁴ We thus begin with both courts having at least the power to hear and decide a title issue regarding the Miller...