Goldthorn v. Goldthorn, 242 S.W.3d 797 (Tex. App.—San Antonio 2007, no pet.).
The trial court issued a temporary injunction freezing the
testatrix’s assets until a suit to aside the testatrix’s will on the
basis of lack of capacity was concluded. The appellate court reversed
holding that there was no evidence that (1) an irreparable injury would
occur if the injunction were not granted or (2) that the will contest
action had a probable chance of succeeding.
Moral: To obtain a temporary injunction freezing estate assets, it is
essential for the will contestant to show that (1) an irreparable injury
would occur if the injunction is not granted, and (2) that the will
contest has a probable chance of succeeding.