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· 11/23/2011

ESTATE OF Gilbert M. DENMAN Jr., Deceased

Citations

  • 362 S.W.3d 134
  • 2011 WL 5869479
  • 2011 Tex. App. LEXIS 9262

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that residual four-year limitations period of Texas Civil Practice and Remedies Code section 16.051 applies to declaratory judgment action to construe a will
  • A declaratory judgment is appropriate only if real and substantial controversy involving genuine conflict of tangible interest and not merely a theoretical dispute exists.
  • determination of the date on which a cause of action accrues is a question of law for the court
  • “Alleged omissions or inaccuracies typically go to the weight of the evidence, not its admissibility.”
  • in a declaratory judgment act claim construing a will, limitations did not accrue until an actual controversy arose between the parties over who was liable to pay gift taxes

Source: CourtListener parenthetical corpus (CC0).

Judges: Stone, Speedlin, Barnard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.