In Re the John G. & Marie Stella Kenedy Memorial Foundation

In these original proceedings, we consider whether the probate court abused its discretion by entering orders allowing the body of John G. Kenedy, Jr, to be exhumed for DNA testing to establish whether Ann M. Fernandez is Kenedy’s non-marital child. We hold that it did, and we conditionally grant the writ of mandamus.

The relevant facts are set out in detail in Frost National Bank v. Fernandez, 315 S.W.3d 494 (Tex.2010). These mandamus cases arise out of probate court proceedings in which Fernandez seeks to establish herself as an hem to the estates of Kenedy and his sister, Sarita Kenedy…