Legal Opinion

Preston v. Overstreet

Court of Appeals of Texas

Decided October 19, 1990No. 07-90-0266-CVPublishedCited by 2 opinions

1Opinion of the Court

POFF, Justice.

Relator, Joe T. Preston, brings this mandamus proceeding complaining of the transferring of this contested probate matter to the 100th District Court of Childress County, Texas. Relator argues that Section 5(b) of the Probate Code (Vernon Supp.1990) mandates the granting of his motion for assignment of a statutory probate judge. He requests mandamus be issued to compel the assignment of the cause to a probate judge. We find no merit in Relator’s motion, and leave to file is denied.

Relator, Joe T. Preston, signifies that he is trustee of the Preston-Diggs Reserve Family Fund…

2Cases cited3 opinions

  1. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  2. Preston v. PrestonCourt of Appeals of Texas · 1981
  3. Estate of Diggs, Matter Of, Texas Court of Appeals, 7th District (Amarillo)1987

3Cited by2 opinions

  1. In Re Vorwerk, Texas Court of Appeals, 3rd District (Austin)1999
  2. in Re Jane Vorwerk, Texas Court of Appeals, 3rd District (Austin)1999

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