Dean v. Garcia

This is a contest to the probate of a codicil to a will. In this consolidated appeal, appellant, Robert M. Dean (independent executor of the estate of Horace C. Dean, deceased), brings three points of error complaining that the trial court erred in admitting to probate the first codicil to will of Horace C. Dean. Appellee, Oralia “Lala” Garcia, offered the first codicil for probate, and on appeal, complains only that the trial court erred in denying her attorney’s fees under the Texas Uniform Declaratory Judgment Act. Tex.Civ.Prac. & Rem.Code Ann. § 37.009 (1986). We will reverse the portion…