Schuele v. Schuele, 119 S.W.3d 822 (Tex. App.—San Antonio 2003, no pet.).
Beneficiary sued Trustee of a testamentary trust for an accounting
and damages in District Court. Trustee convinced the District Court to
dismiss the case claiming that the court lacked jurisdiction because the
County Court at Law in which Settlor’s will had been probated had
dominant jurisdiction. Beneficiary appealed.
The appellate court reversed holding that the District Court did have
jurisdiction to hear the case. The court examined Probate Code § 5A(a)
which lists the type of actions that are appertaining and incident to an
estate with respect to a county court at law. The administration of
testamentary trusts is not included. Accordingly, jurisdiction is
determined by Property Code § 115.001(a) which provides that the
district court has jurisdiction.
Moral: A county court at law does not have jurisdiction over
testamentary trusts.