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In re Estate of Longron, 211 S.W.3d 434 (Tex. App.—Beaumont 2006, pet. filed).

I.          Estate Administration

A.         Attorney’s Fees

1.         Award of Fees Via a Judgment Notwithstanding the Verdict

The jury determined that unsuccessful will Proponent did not act in good faith and with just cause in attempting to probate a lost will.  Nonetheless, the trial court granted a judgment notwithstanding the verdict and awarded Proponent his attorney’s fees under Probate Code § 243.

The appellate court determined that the trial court acted improperly.  The court conducted an extensive review of the evidence and concluded that Proponent did not establish as a matter of law that he acted in good faith and with just cause.  Consequently, the lower court’s judgment notwithstanding the verdict was erroneous.

Moral:  A judgment notwithstanding the verdict is difficult to sustain on appeal.

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