Garza v. Rodriguez, 18 S.W.3d 694 (San Antonio 2000, no pet.).
Testatrix’s will granted Nephew a fee simple interest in her estate
subject to a shifting executory interest in Sister and her heirs if
Nephew died without lawful issue of his body. However, the court order
issued in 1957 closing Testatrix’s estate granted fee simple absolute
title to Nephew. The order did not mention Sister’s springing executory
interest. No one challenged this order. Nephew died without lawful issue
and thus Sister’s heirs asserted ownership to the property by filing a
will construction action in district court in 1986. The court dismissed
the action for lack of jurisdiction. Sister’s heirs appealed.
The appellate court affirmed because “a court is not permitted to
interfere with the final judgment of another court of equal
jurisdiction. * * * An action to undo an incorrect former judgment must
be brought in the court rendering the judgment or in a higher court.”
Garza at 699.
Moral: Probate orders must be carefully examined to be sure they
correctly state the property interests to which the beneficiaries are
entitled. Correction of errors at a later time may not be possible
resulting in the intended beneficiaries losing their interests.