In the Estate of Claude M. Cooper, Jr. v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-23-00104-CV
IN THE ESTATE OF CLAUDE M. § On Appeal from Probate Court No. 2
COOPER, JR., DECEASED
§ of Tarrant County (2021-PR03242-2A)
§ March 14, 2024
§ Memorandum Opinion by Justice Wallach
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. It is ordered that the judgment of the
trial court is dismissed in part and remanded in part. We dismiss all of Appellee James
Franklin Cooper’s claims against Appellant Virginia Cooper Downes and all of his
claims against Appellant Mary Sue Cooper Huffman except for the breach-of-
fiduciary-duty claim against Mary Sue based on her withdrawing funds from the Trust.
We remand this case to the trial court for further proceedings consistent with this
opinion.
It is further ordered that each party shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Mike Wallach___________________
Justice Mike Wallach