After a trial court appointed a receiver to take possession of the property of Noble Ray Price, Price's widow Janie filed an interlocutory appeal alleging that the trial court made a mistake in doing so, reports The Texas Lawyer, “In the Estate of Noble Ray Price.”
Price, one of country music's most beloved singers, died at home on December 13, 2013 at the age of 87. He had been hospitalized in Texas and had been fighting a battle against pancreatic cancer for about a year. The day before he entered hospice care, Price left a message to his fans: "I am at peace. I love Jesus. I'm going to be just fine. Don't worry about me. I'll see you again one day."
Citing Chapter 64 of the Texas Civil Practice and Remedies Code, the court explained that for a receiver to be appointed, the party seeking appointment must have a probable interest in or right to the property or fund. In addition, the property or fund must be in danger of being lost, removed or materially injured.
The review of the trial court's determination is for an abuse of discretion.
The court of civil appeals examined the pleadings and testimony of the case. It showed that Price's son Cliff was contesting the validity of a will that Price signed in the hospital right before his death. Cliff claimed that Ray lacked the capacity to execute the new will.
The appellate court found that the trial court did not abuse its discretion in determining that Cliff had a probable interest or right to the property.
In addition, the court of civil appeals stated in light of Price's widow's testimony that she felt Price's property belonged to her and not to the estate, and she had accepted payments on Price's behalf and written herself a check from his record company, the trial court didn’t err in holding the property was in danger of being lost, removed or materially injured.
Accordingly, the court of civil appeals affirmed the decision of the Texas trial court.
Ray Price had a long, successful career—65 years—and his music reflects influences from many different genres, from western to honky-tonk and some of his biggest hits resulted from a foray into lush sounds.
Reference: Texas Lawyer (March 1, 2017) “In the Estate of Noble Ray Price”