Hughes v. Green County (Opinion)Annotate this Case
In this dispute in probate over title to property bequeathed in a will, the Supreme Court reversed the decision of the court of appeals affirming the order of the trial court ruling that governmental immunity barred an heir’s suit against a county, holding that, contrary to the court of appeals’ decision, Texas A&M University-Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002), applied in this case.
The decedent’s heirs and the county, one of the beneficiaries under the will, agreed to combine forces against the other beneficiary, a private university, during litigation over the properly bequeathed in the will. The county and heirs agreed to share equally in any recovery either of them obtained in the proceedings. The university subsequently settled, and the settlement was divided between the county and the heirs under their agreement. Later, an heir sued the county alleging a breach of the agreement. The county asserted that governmental immunity barred the heir’s suit. The trial court and court of appeals agreed. The Supreme Court reversed and remanded, holding that Lawson, which provides that a governmental entity cannot create immunity for itself by settling a claim for which it lacks immunity only to assert immunity from suit in a subsequent action to enforce the government’s agreement, applied.