In the Estate of J. Hugh Wheatfall, Deceased

Summary

The Supreme Court of Texas held that a probate order admitting a will and denying an application for letters of administration was not final and appealable because it did not unequivocally dispose of objections filed after a specified date. The court concluded that the will contest remained pending until the trial court dismissed it on November 3, 2022, making the appeal timely. The court reversed the court of appeals’ dismissal for want of jurisdiction and remanded for consideration of the appeal’s merits.

Holdings

1. The September 16, 2019 order was not final or appealable because it neither actually disposed of all issues in the relevant probate phase nor clearly and unequivocally stated that it finally disposed of all such issues.
2. Wheatfall's September 5, 2019 will contest remained pending after the September 16 probate order.
3. The November 3, 2022 order dismissing the will contest was the first final order regarding the issues raised in the contest, and Wheatfall timely appealed that order.

Questions Presented

1. Whether the trial court's September 16, 2019 order admitting the will to probate and denying the application for letters of administration was a final, appealable order when it expressly overruled only objections asserted through September 4, 2019.
2. Whether the September 5, 2019 will contest remained pending after the September 16, 2019 probate order.
3. Whether Wheatfall timely appealed the November 3, 2022 order dismissing his will contest.

Disposition

reversed_and_remanded