In Re Estate of York

OPINION

SEERDEN, Chief Justice.

This is an appeal by the Texas Attorney General from a judgment declaring Kristopher Paige Gostecnik to be the sole heir of Charles E. York. Before trial on the issue of heirship, the trial court struck the Attorney General’s attempted intervention on behalf of a charitable trust claiming a competing interest in the estate. We reverse and remand.

Charles E. York died on October 18, 1991, testate, leaving a life estate to his mother, Myrtle G. York, and the remainder to Weldon and Kathleen Mallette. Application for probate of his will was filed in the Victoria…