Legal Opinion

Virginia O. Kinsel, as Attorney-In-Fact for J. Frank Kinsel, J. Frank Kinsel, Jr., Carole K. Edwards, and Catherine K. Collins v. Jane O. Lindsey, Individually and as Co-Trustee of the Lesey B. Kinsel Trust, Robert N. Oliver, Keith Branyon and Jackson Walker, Llp

Texas Supreme Court

Decided May 26, 2017No. 15-0403PublishedCited by 92 opinions

1Opinion of the CourtJustice Brown

■ We are asked in this case to recognize tortious interference with an inheritance as a viable cause of action in Texas. Petitioners and cross-respondents, the Kinsels, argue we already did so more than sixty years ago. We disagree. Although some of our courts of appeals have recognized the tort, we have not, - And because the Kinsels have an adequate remedy in this case—a constructive trust imposed on the disputed inheritance—we are not persuaded to consider it here. For that reason and others explained below, we affirm the court of appeals’, judgment and remand tlie case to the trial court…

2Cases cited25 opinions

  1. Arthur Andersen & Co. v. Perry Equipment Corp.Texas Supreme Court · 1997
  2. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006
  3. Croucher v. CroucherTexas Supreme Court · 1983
  4. Baylor University v. SonnichsenTexas Supreme Court · 2007
  5. Roberts v. WilliamsonTexas Supreme Court · 2003

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3Cited by92 opinions

  1. Rohrmoos Venture, Eric Langford, Dan Basso, and Tobin Grove v. Utsw DVA Healthcare, LlpTexas Supreme Court · 2019
  2. State v. Paul Reed HarperTexas Supreme Court · 2018
  3. Kubbernus v. ECAL Partners, Ltd.Court of Appeals of Texas · 2018
  4. Richard T. Archer, David B. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. T. Mark Anderson and Christine Anderson, as Co-Executors of the Estate of Ted AndersonTexas Supreme Court · 2018
  5. Lon Smith & Associates, Inc. and A-1 Systems, Inc., D/B/A Lon Smith Roofing and Construction v. Joe Key and Stacci KeyCourt of Appeals of Texas · 2017

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