In Re Janice Hickman Kiger, Individually and As Trustee of the Gary Harold Kiger Revocable 2010 Trust--Appeal from County Court at Law No 2 of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00590-CV _________________ IN RE JANICE HICKMAN KIGER, INDIVIDUALLY AND AS TRUSTEE OF THE GARY HAROLD KIGER REVOCABLE 2010 TRUST ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION Janice Hickman Kiger, acting individually and in her capacity as trustee of the Gary Harold Kiger Revocable 2010 Trust, seeks mandamus relief from an order entered in a temporary administration of a probate case that includes applications for probate of two wills and a litigation concerning the validity of an inter vivos trust. The order requires relator to deliver a stock certificate to the temporary administrator of the Estate of Gary Harold Kiger and requires the temporary administrator to control and manage Kiger Brothers Machine Tool & Die Works, Inc. Mandamus will issue only to correct a clear abuse of discretion when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the 1 mandamus record and petition, we conclude that the relator has not demonstrated a clear abuse of discretion by the trial court for which there is no adequate appellate remedy. Accordingly, we deny the petition for writ of mandamus. Relator s motion for temporary relief is denied as moot. PETITION DENIED. PER CURIAM Opinion Delivered December 30, 2010 Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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