Estate of Price, 528 S.W.3d 591 (Tex. App.—Texarkana 2017, no pet.).
After the death of the famous country music legend
Ray Price, his wife and son filed competing motions to probate wills and
to contest each other’s proposed will. The court appointed a receiver to
take possession of the property subject to the will contests. Wife
asserted that the court abused its discretion in so doing and appealed.
The appellate court affirmed finding that the
decision to appoint a receiver was not an abuse of discretion. The court
began its analysis with Tex. Civ. Prac. & Rem. Code § 64.001 which
allows a court to appoint a receiver in an action between two parties
who are jointly interested in the same property. Although it is true
that the appointment of a receiver is a harsh, drastic, and
extraordinary remedy, the trial court did not abuse its discretion in
appointing a receiver in this case. There was sufficient evidence that
the son had an interest in the property and that it was in danger of
being lost, removed, or materially injured.
Moral: In proper cases,
the appointment of a receiver during a will contest is a prudent move to
preserve the status quo of the testator’s property until the merits of
the case are resolved.