Green v. Watson

ON MOTION FOR REHEARING

BEA ANN SMITH, Justice.

The opinion and judgment issued by this Court on May 5, 1993, are withdrawn, and this opinion is filed in place of the earlier one.

This is a suit arising out of and ancillary to a probate matter. The appeal involves the concurrent jurisdiction of district courts and statutory county courts with respect to probate matters. 1 At issue is whether a district court may properly decline to exercise jurisdiction over a suit seeking, among other things, imposition of a constructive trust on estate assets already the subject of a probate proceeding pending…