· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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