Rabson v. Rabson

OPINION

HUDSON, Justice.

This case arises from a suit by Sylvia Rabson to probate a 1985 will. Appellees, who are Sylvia Rabson’s sons, filed counterclaims seeking to probate a 1990 will and seeking tort damages from appellant. Judgment was in favor of appellees and appellant brings ten points of error. Because we hold the trial court erred in refusing to grant appellant’s request for a jury of twelve, we must reverse and remand.

No detailed recitation of the facts is necessary. In point of error four, appellant claims the trial court erred in proceeding with a jury of six when appellant…