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SMILEY v. JOHNSON

No. 05-86-01284-CV.

763 S.W.2d 1 (1988)

Mary Frances SMILEY, Appellant, v. Clifford A. JOHNSON, Rick L. Mai, and TMJ Joint Venture, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied December 12, 1988.

Attorney(s) appearing for the Case

L. Vance Stanton, Dallas, for appellant.

Jerry D. Brownlow, Grand Prairie, for appellees.

Before DEVANY, STEWART and HECHT, JJ.

HECHT, Justice.

John F. Tufts, Sr. ("Senior") has been adjudicated non compos mentis. His son, John F. Tufts, Jr. ("Junior"), claiming to be Senior's attorney-in-fact, conveyed Senior's property to a joint venture in which Junior owned a one-third interest. When Senior's daughter, Mary Frances Smiley, complained to the probate court of Junior's self-dealing, the probate court held that Junior had breached his fiduciary duty to Senior. Nevertheless, the probate...

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