Another appellate victory

Scott Cain successfully handled the appeal of a probate proceeding. The Amarillo Court of Appeals agreed with Cain and affirmed a probate court in allowing the admission of a will to clear title to real estate. The Contestant had complained that the will was not offered timely. At trial, the will was admitted because the delay in offering the will for probate was not the fault of the applicant who offered the will as soon as the will was discovered. The applicant first discovered his stepfather's will in his mother's safe deposit box after the mother had passed away. Cain argued that while the deceased mother failed to timely offer the will for probate, the failure should not be attributed to her son since he had no way of knowing about the will until he discovered it in the safe deposit box. The Court of Appeals agreed, with Cain and the trial court.

This entry was posted on June 14, 2011.