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