In this week’s orders, the Supreme Court of Texas granted review on Kappus.
Kappus is an estate case where an ex-wife got her ex-brother in-law disqualified as executor of her ex-husband’s estate. James and John owned some land together. James died. John was named his executor. James was also survived by children and an ex-wife, Sandra. Ever since the divorce, Sandra’s relationship with John has been sour. Now Sandra has some questions about the land. Over the years James, John and Sandra had made improvements on the property. That makes it more complicated to figure out what the land is worth, and how the proceeds of any sale should be divided. John is representing the estate while at the same time pressing to reduce the estate’s share in the land (and increase his own.) Sandra claims this is a conflict of interest for John. The Tyler court agreed. Now the Supreme Court is going to hear oral argument in December.