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Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous
Sunday, February 14, 2021
In
Maxey v. Maxey, in a dispute that arose from the probate of an estate, two sisters mediated and reached a settlement agreement concerning the division of certain real property. No. 01-19-00078-CV, 2020 Tex. App. LEXIS 10281 (Tex. App.—Houston [1st Dist.] December 29, 2020, no pet. history). The two sisters disagreed on how they would divide property among certain trusts, and they sued one another. After mediation, they entered into a settlement agreement that purported to divide the real property. Then the parties disagreed on what the settlement agreement meant, and once again sued each other regarding breach of the agreement. The trial court found the settlement agreement was ambiguous and submitted the meaning of the agreement to a jury. After the jury trial, the court entered judgment on the verdict, and the losing sister appealed.