Leo Hahn v. Estate of Jessie Anna Stange

2008 Tex. App. LEXIS 1027 (2008)

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Leo Hahn v. Estate of Jessie Anna Stange

Texas Court of Appeals
2008 Tex. App. LEXIS 1027 (2008)

Facts

Jessie Anna Stange left a holographic will addressed to Leo Hahn. The will stated that Stange wished to have Hahn take care of her San Antonio, Texas house, her car, and, “above all,” possession of her cats. Stange provided that the income from a rental property she owned in Birmingham, Alabama, was to be used for home repairs, cat care, and auto care. Stange stated that she wanted Hahn to remain in the San Antonio house for as long as he lived, and thereafter for the money to go to an organization for stray cats and dogs. Brent Hardy (plaintiff), as independent administrator of the Estate of Jessie Anna Stange, filed a declaratory action seeking to have the court determine the beneficiaries under the holographic will. At trial, Hahn’s sister testified that she saw a black cat at the San Antonio property after Stange’s death that looked like a cat Stange had owned. The court found that this was not evidence that any beneficiary cat previously belonging to Stange was alive, and thus the pet trust failed. The court ordered that the estate should be sold and the proceeds distributed to animal organizations.

Rule of Law

Issue

Holding and Reasoning (Stone, J.)

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