Canada v. Ezer

PRESSLER, Justice.

This is an appeal from the district court’s dismissal of George H. Canada’s (appellant) cross-action on the grounds that the district court lacked jurisdiction to void the admission to probate of a will admitted to probate in the county court some twenty years prior, or in the alternative to impose a constructive trust in favor of appellant.

The original will of George R. Canada (Canada) was admitted to probate on December 1, 1958, in the county court of Chambers County. Under the terms of Canada’s will a trust was created with Canada’s widow, Winifred Adair Canada, and…