Migura v. Dukes

The sole issue in this case is whether a devisee under a will is an indispensable party in a suit to establish a lien against real property of the decedent’s estate. The court of appeals answered this question in the affirmative. 758 S.W.2d 831. Because the decision of the court of appeals conflicts with prior opinions of this court, a majority of the court, without hearing oral argument, reverses the judgment of the court of appeals and affirms the judgment of the trial court. Tex.R.App.P. 133.

In a prior case, Delphine Migura brought suit against E.J. Migura to establish the existence of a…