Jimmy Swaggart Ministries v. Texas Commerce Bank National Ass'n

OPINION

JUNELL, Justice.

The dispositive question presented in this appeal is whether the constitutional county court erred in refusing to transfer to the county court at law a contested probate matter when the appellant, H. Lee Hering, filed a motion to transfer under § 5(c) of the Texas Probate Code on the same day a summary judgment hearing was scheduled. We find such action by the constitutional county court to be error.

The will contest which gave rise to this appeal was filed on December 11, 1981 by appellee, Mary Katherine MacDonald Leone, challenging the validity of the Will, previously…