Donald E. Hughes and John H. Hughes v. Robbie Jean Branton and Billy Joe Hughes

Summary

The court held that the Houston Probate Court lacked subject-matter jurisdiction over the claim seeking to set aside the deed and impose a constructive trust. The probate court's statutory authority to transfer a proceeding to the circuit court extended only to the will contest, and no independent action or proper transfer invoked the circuit court's equitable jurisdiction over the deed claim. The court therefore vacated the circuit court's judgment and dismissed the appeal.