Arias v. Kerlin

MEMORANDUM OPINION

Opinion by

Chief Justice VALDEZ.

Appellants, descendants of Jesus Balli, appeal from the trial court’s entry of final judgment based on a motion for summary judgment in favor of appellees, Gilbert Kerlin, individually and as trustee, and PI Corporation (collectively, “Kerlin”). We reverse and remand.

Background

This suit involves the disputed ownership of Padre Island in Texas. In 1827, the Mexican government granted the island to Padre Nicolas Balli and his nephew. After Padre Balli’s death, his interest in the island passed by devise (i.e., through his will) to various nieces…