Dimitrios Christie and Peter Petroutsas v. Texas Shipping Company, LTD. and Lewis Pappas--Appeal from 215th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-09-00016-CV

Case Date: 02/19/2009

Plaintiff: J.A. "Jay" Asafi as Independent Administrator of the Estate of Alosia Smith Rauscher, Deceased and T

Defendant: Martin J. Rauscher--Appeal from Probate Court No 2 of Harris County

Preview:Dismissed and Memorandum Opinion filed December 3, 2009.

In The

Fourteenth Court of Appeals
____________ NO. 14-09-00800-CV ____________ J.A. ("JAY") ASAFI, AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF ALOSIA SMITH RAUSCHER, Deceased, and TODD REAGAN SMITH, Appellants V. MARTIN J. RAUSCHER, Appellee

On Appeal from the Probate Court No 2 Harris County, Texas Trial Court Cause No. 381,121

MEMORANDUM

OPINION

This is an attempted appeal of three partial summary judgment orders entered in a probate proceeding. Appellant Asafi, on behalf of the Estate, filed suit asserting that the Estate may have an interest in certain accounts held in the name of the decedent. Appellant Smith, the decedent's son, claimed ownership of the accounts pursuant to an assignment executed by Asafi as the decedent's attorney-in-fact nine days before her death. Appellee,
1

the decedent's husband, filed motions for partial summary judgment asking the probate court to determine that he was the owner of the funds or stock in three of the disputed accounts by non-testamentary transfers pursuant to Sections 451 and 452 of the Texas Probate Code. See Tex. Prob. Code Ann.

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