Legal Opinion

Punts v. Wilson

Texas Court of Appeals, 6th District (Texarkana)

Decided May 28, 2004No. 06-03-00144-CVPublishedCited by 55 opinions

1Opinion of the Court

OPINION

Opinion by

Justice ROSS.

Edward Punts sued Hubert W. Wilson for breach of fiduciary duty and conversion in connection with Wilson’s duties as independent executor of the. estate of J.W. Kelly. 1 Wilson moved for summary judgment, which the trial court granted, and Punts appeals. The issues concern whether payable on death (P.O.D.) accounts established by Kelly were part of his estate, and the effect of withdrawal of funds from those accounts by Wilson, the beneficiary, in his capacity as independent executor. Background

Punts and Wilson were long-time friends of Kelly. Kelly maintained…

2Cases cited20 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  3. Montgomery v. KennedyTexas Supreme Court · 1984
  4. Star-Telegram, Inc. v. DoeTexas Supreme Court · 1996
  5. Casso v. BrandTexas Supreme Court · 1989

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3Cited by55 opinions

  1. Jones v. Blume, Texas Court of Appeals, 5th District (Dallas)2006
  2. Lundy v. Masson, Texas Court of Appeals, 14th District (Houston)2008
  3. Priddy v. Rawson, Texas Court of Appeals, 14th District (Houston)2009
  4. Chiste v. Hotels.com L.P.District Court, S.D. New York · 2010
  5. Marrs & Smith Partnership v. D.K. Boyd Oil & Gas Co., Texas Court of Appeals, 8th District (El Paso)2005

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