COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE ESTATE OF 

RAMONA LEDEZMA,

DECEASED. 

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No. 08-23-00019-CV

Appeal from the

County Court at Law No. 2

of Webb County, Texas

(TC# 2021-PB-9000076-L2)

MEMORANDUM OPINION

This appeal concerns the estate of Ramona Ledezma.

1 On June 18, 2023, Appellant Juan 

Jesus Ledesma filed an application to probate the Decedent’s will as a muniment of title in Webb 

County.2 The trial court issued an order admitting the will to probate as muniment of title. Almost 

four months later, Appellees Maria Isabel Vasquez, Celia Escamilla, and Maria Guadalupe Soto 

filed an original declaratory action objecting to the probate of the Decedent’s will as muniment of 

title due to ambiguity in the will. The trial court granted declaratory judgment Appellees’ favor. 

1 In his brief, Appellant spells the decedent’s surname “Ledesma.” However, we refer to the decedent by “the 

Decedent” or “Ledezma,” as reflected on her death certificate, the original application to probate will as muniment of 

title, and the declaratory judgment. We refer to the Decedent’s husband, Francisco, using the “Ledesma” spelling, as 

reflected in the Will and the record. 

2 This case was transferred from the Fourth Court of Appeals pursuant to a Supreme Court of Texas docket 

equalization order. See TEX. GOV’T CODE ANN. § 73.001. We follow the precedent of the Fourth Court of Appeals to 

the extent it might conflict with our own. See TEX. R. APP. P. 41.3. 
2

In two issues, Appellant contends the trial court lacked jurisdiction to consider Appellees’ 

declaratory action because it was filed after the court’s plenary jurisdiction expired, and even if 

the trial court had jurisdiction, the trial court erred in its findings of fact and conclusions of law 

supporting the declaratory judgment. For the following reasons, we reverse and render judgment 

in Appellant’s favor. 

FACTUAL AND PROCEDURAL BACKGROUND

Decedent was born in Mexico in 1929. She married Francisco Rene Ledesma (Husband), 

and when she became pregnant with their first child in 1966, the couple moved to Laredo, Texas. 

Decedent’s husband predeceased her, but she was survived by six children. At the time of her death

in 2021, Decedent resided on Juarez Avenue, the property central to this dispute (the Juarez 

Property). There are three structures on the Juarez Property: a single-family home (where Decedent 

resided), a free-standing apartment (where Appellant resided), and a building containing restrooms 

thatservice the commercial building behind the Juarez Property.

3 The commercial building behind 

the Juarez Property houses Appellant’s personal business. 

Appellant filed an application to probate Decedent’s will—which was the joint will of 

Decedent and her late husband (the Will)—as muniment of title on June 18, 2021. Although 

Husband died in 2014, the Will was never probated. The application stated that the Decedent died 

on April 2, 2021, in Laredo, Texas at the age of 91. The Decedent’s property included vehicles, 

bank accounts, personal property, and the Juarez Property. The application further stated that the 

Decedent left a valid will, which was executed on March 18, 2011, and never revoked. 

3 It appears from the record that the structure housing the restrooms for the commercial property is only partially 

located on the Juarez Property. The record is ambiguous as to the exact placement.
3

On July 16, 2021, the trial court entered an order admitting the Will to probate as muniment

of title and specifying that “upon the payment of taxes, if any are due, [the] estate shall be dropped 

from the docket” (the Order). The Will contains the signatures of Decedent, Husband, and two 

witnesses—Elizabeth Vasquez and Claudia Ledesma (the Decedent’s granddaughters). The 

document was notarized by Diana F. Alvarado. 

On November 18, 2021, Appellees filed their first original declaratory action and objection 

to probating the Will as muniment of title.4 In the subsequent amended petition, Appellees sought 

a declaration under Chapter 37 of the Texas Civil Practice and Remedies Code that the Will was 

ambiguous as to the Decedent because it was a joint will and therefore could not be probated as 

muniment of title; instead, extrinsic evidence must be considered to determine the Decedent’s 

intent, which was for her children to share equally in the Juarez Property value. 

Arguing that the trial court’s plenary jurisdiction had expired, Appellant objected to the 

declaratory action. Over Appellant’s objection, the trial court held a hearing on Appellees’ 

declaratory judgment claim and objection to the muniment of title. Witnesses at the hearing 

testified about the Decedent’s intent with regard to the Juarez Property, the circumstances 

surrounding the Will’s execution, and the Decedent and Husband’s language abilities.5 The trial 

4 Appellees filed a first amended petition adding a bill of review as a cause of action. However, the bill of review was 

not considered by the trial court and is not at issue in this appeal. 

5 Both witnesses to the Will testified at the hearing. Elizabeth testified that she recognized her grandparents’ 

signatures on the Will but was not present when Decedent signed. Although the Will states that Claudia and Elizabeth 

signed at the same time Decedent and Husband signed, Elizabeth testified that only she and her grandfather were 

present when she signed the Will in the living room of her grandparents’ home. Elizabeth did not testify regarding 

whether Decedent’s signature was on the Will at the time she signed in the presence of her grandfather. She testified 

that although the Will was in English, neither Decedent nor her grandfather could speak or read the English language, 

and no one was present in the room to translate the Will. The Will did not include a certificate of translation. When 

asked whether her grandparents ever discussed their intended disposition of the house on the Juarez Property, Elizabeth 

responded that her grandfather told her “the property was going to be my uncle’s but with the understanding that all 

his siblings were gonna get their equal parts.” 

Claudia, Appellant’s daughter and the Will’s second witness, testified that she recognized her grandparents’ 

signatures on the Will. She testified that Decedent did not speak or understand English, but her grandfather 

“understood English very well . . . and was able to read it.” Appellant also testified that his father understood the 
4

court also heard testimony regarding various inconsistencies and errors in the Will, which are 

further discussed below. 

On August 29, 2022, the trial court entered a declaratory judgment sustaining Appellees’ 

objections to probating the Will as a muniment of title and entered the following 15 findings:

1. The Order Admitting Will to Probate as a Muniment of Title (the “Order”) 

was signed by the Court on July 16, 2021.

2. The Court, per the Order, retained jurisdiction of the Estate, stating that this 

Cause remains on the Court’s docket until taxes are paid.

3. No proof of tax payment has been filed.

4. This Cause remains on the Court’s docket and the Court retains jurisdiction 

over the Probate, the Parties, and the Estate.

5. The Court retains plenary power to render this Declaratory Judgment.

6. Decedent intended to transfer property.

7. Decedent visited attorney Julio Garcia, Jr. at his office for probate planning 

purposes. The Court is familiar with Mr. Garcia’s written work-product 

because Mr. Garcia has filed many pleadings, motions, orders and other 

documents with this Court. No person testified that an original, an original 

copy, a signed copy, a file-stamped copy or any version of the Purported 

Will was found at Julio Garcia, Jr.’s office. The Court determines that Mr. 

Julio Garcia did not prepare the Purported Will.

English language. Claudia testified that she signed the Will at the office of Attorney Julio Garcia in the presence of 

her grandparents, Elizabeth, and the notary. She did not remember if someone was available to translate the Will from 

English to Spanish. 

Witnesses for the Appellees testified that Decedent and her husband had prepared a version of the Will in 

Spanish, which indicated the value of the property was to be shared between the siblings. Appellant testified that he 

was unaware of a version in Spanish. He testified that after his father’s death, he took Decedent to Mr. Garcia’s law 

office because “[s]he wanted to change it a hundred percent to my name.” When asked what Decedent wanted to 

change to one hundred percent, Appellant responded he did not know but Decedent wanted everything to be in his 

name without his father’s name. He testified that when he went to the attorney’s office, he and Decedent spoke to 

Julio Garcia about “[p]apers [that] needed to be changed to [his] name.” He could not specify what papers needed to 

be changed. 

Appellant testified that he and Decedent tried to return to Mr. Garcia’s office to execute the papers, but they 

were unable to do so because of pandemic restrictions. Appellee Vasquez testified that she knew Decedent and 

Appellant visited the attorney to “change the house” because Decedent was receiving government “palomita” 

assistance, and she was afraid “the providers would take over.” According to her testimony, she thought only the title 

of the house would change but Decedent’s intent to devise the value of the Juarez Property in equal parts to the siblings 

remained the same. 
5

8. Decedent did not speak, write, or understand the English Language. 

Decedent had the equivalent of a second-grade education, which she 

completed in Mexico. 

9. A Spanish version of Decedent’s will existed. It has not been found and its 

whereabouts are unknown.

10. The Purported Will was not translated to Decedent when she allegedly 

signed it. There was no evidence that the Purported Will was ever translated 

to her. There is no certificate of translation in the Purported Will. 

11. The Purported Will Probated was neither signed in front of the notary nor 

in attorney Garcia’s office as reported in the Purported Will. 

12. Decedent did not sign the Purported Will in front of her granddaughter 

Elizabeth Vasquez. 

13. Decedent’s husband signed the Purported Will in front of his granddaughter 

Elizabeth Vasquez, but the Purported Will was not translated to him. 

14. The Purported Will contained several, substantive mistakes, which render 

the Purported Will ambiguous and deficient to transfer or convey real 

property as a muniment of title. 

15. Decedent’s intentions to transfer this property during her life were not 

finalized. 

The trial court ultimately concluded that the deficiencies in the Will rendered it ambiguous and 

insufficient to convey title to real property. Concluding that the Will failed as a matter of law, the 

trial court ordered Decedent’s estate to pass by intestacy. Appellant filed a motion for new trial, 

which was denied by operation of law. This appeal followed. 

ISSUES ON APPEAL

In two issues, Appellant challenges the trial court’s jurisdiction and the legal and factual 

sufficiency of 11 of the trial court’s 15 findings.6 We find that the trial court had jurisdiction, but 

6 Appellant took issue with all of the trial court’s findings of fact and conclusions of law except for 1, 3, 6, and 15.
6

it erred in holding that the Will was ambiguous and insufficient to convey title to real property as 

a matter of law. Below, we analyze the question of jurisdiction as well as the dispositive points of 

error pertaining to the challenged trial court’s findings of fact and conclusions of law. See TEX. R.

APP. P. 47.1 (requiring courts of appeals to hand down written opinions that are “as brief as 

practicable,” addressing issues “necessary to the final disposition of the appeal”). 

THE TRIAL COURT’S JURISDICTION

In Appellant’s first issue, he contends the trial court abused its discretion by granting 

declaratory relief after its plenary power expired. The parties center their arguments around the 

finality of the Order. 

A. Appellant’s position

According to Appellant, the Order was a final, appealable judgment, and the trial court’s 

plenary power expired 30 days after it was signed. Appellant relies on the Texas Rules of Civil 

Procedure for the proposition that the trial court’s plenary power expired 30 days after issuing the 

Order. See TEX. R. CIV. P. 306(a) (appellate timeline begins 30 days after a final judgment is 

signed); TEX. R. CIV. P. 329b(b) (motions to modify, correct, or reform a judgment extend the trial 

court’s plenary powers). Appellant further relies on the statute allowing a will to be admitted to 

probate as muniment of title, which provides: “A court may admit a will to probate as muniment 

of title if the court is satisfied that the will should be admitted to probate and the court: (1) is 

satisfied that the testator’s estate does not owe an unpaid debt, other than any debt secured by a 

lien on real estate; or (2) finds for another reason that there is no necessity for administration of 

the estate.” TEX. ESTATES CODE ANN. § 257.001. The Order recites both elements from the Estates 

Code. 
7

Appellant’s theory of the case is premised on the distinction between a probate order, which 

requires the administration of an estate, and an order probating a will as muniment of title, which 

avoids administration. Because the Will was probated as muniment of title, Appellant contends 

the trial court necessarily found that there were no debts owed—including taxes—and the Order 

was a final judgment. In support of his position, Appellant cites Smalley v. Smalley, 436 S.W.3d 

801, 806 n.9 (Tex. App.—Houston [14th Dist.] 2014, no pet.), a case in which our sister court of 

appeals distinguished plenary jurisdiction from continuing jurisdiction for the purpose of estate 

administration. In Smalley, the court found that a probate court’s “continuing jurisdiction does not 

alter the court’s plenary power over final judgments.” Id. In Appellant’s view, because the Order 

settled the issues of debts owed and administration, the trial court’s jurisdiction expired 30 days 

later on August 15, 2021. Appellant thus urges us to find that the declaratory judgment order is 

void because it was not entered until August 29, 2022. See Newsom v. Ballinger Indept. Sch. Dist., 

213 S.W.3d 375, 379 (Tex. App.—Austin 2006, no pet.) (“[J]udicial action taken after a trial 

court’s plenary power has expired is void.”). 

B. Appellees’ position

Appellees respond that the Order was interlocutory in nature, and the trial court retained 

jurisdiction over the estate by indicating that the estate would remain on the docket until proof of 

tax payment was provided to the court. Appellees’ theory relies on the trial court’s statement in 

the Order that “upon payment of taxes, if any are due, this estate shall be dropped from the docket.” 

Appellees urge this Court to find that because Appellant failed to respond to the tax inquiry, the 

Order is interlocutory, and the trial court retained jurisdiction to modify the Order.

Appellees primarily rely on In re Wilson, an unreported original proceeding in which the 

14th Court of Appeals was asked to determine whether a county court acted beyond its plenary 
8

power when it modified a 2005 probate order in 2011. In re Wilson, No. 14-12-00092-CV, 2012 

WL 8017141 (Tex. App.—Houston [14th Dist.] 2012, orig. proceeding) (per curiam) (mem. op., 

not designated for publication). The underlying case in that original proceeding concerned the 

administration of the estate of an individual who was missing and presumed deceased. Id. at *1. 

The county court entered an order in 2005 ordering that the will be admitted to probate in January 

2010. The order further stated: “This Court shall retain jurisdiction over this case to resolve any 

issues that might arise . . . [and] shall retain jurisdiction until the Court enters a final order that 

discharges [the receiver, guardian ad litem, and attorney ad litem] and closes this case.” Id. at *1

Appellees contend the present case is similar to In re Wilson because here, the Order required an 

additional step—a showing of proof of no taxes owed or proof of tax payment—before the final 

settlement of the estate. 

C. Analysis

Jurisdiction is a question of law subject to de novo review. Texas Nat. Res. Conservation 

Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). We agree that muniment of title is an avenue 

to efficiently probate a will without requiring estate administration and that an order admitting a 

will to probate as a muniment of title inherently disposes of the estate matters and thus results in a 

final judgment. See In re Estate of Kurtz, 54 S.W.3d 353, 355 (Tex. App.—Waco 2001, no pet.)

(discussing purpose of muniment of title); see also In re Jacky, 506 S.W.3d 550, 555–56 

(Tex. App.—Houston [1st Dist.] 2016) (explaining that order to admit will as a muniment of title 

is a final and appealable judgment). And, as in this case, a court’s continuing jurisdiction for the 

purpose of finally disposing of an estate does not change the court’s 30-day plenary power over 

final judgments. See Smalley, 436 S.W.3d at 806 n.9.
9

However, the fact that Appellees filed a declaratory judgment action contesting the validity 

of the Will on the basis of ambiguity and a bill of review attacking the Order more than 30 days 

after the Order does not defeat the trial court’s jurisdiction. “[T]he Estates Code provides at least 

two mechanisms for challenging a probate court’s order: a bill of review and a will contest.”

Chabot v. Estate of Sullivan, 583 S.W.3d 757, 761 (Tex. App.—Austin 2019, pet. denied). These 

avenues for interested parties to challenge a probate order apply to an order admitting a will to 

probate as muniment of title. See, e.g., Id. at 761-62; In re Jacky, 506 S.W.3d at 555–56 (discussing

Estates Code Sections 55.251(b) and 256.204 as avenues for challenging a probate court order); In 

re Estate of Davidson, 153 S.W.3d 301, 303–04 (Tex. App.—Beaumont 2004, pet. denied)

(discussing post-probate jurisdiction conferred by Sections 31 and 93 of the Texas Probate Code, 

the predecessor statutes to Sections 55.251 and 256.204 of the Estates Code). And both 

mechanisms provide interested parties a two-year jurisdictional window for an action following 

the will’s admission to probate. TEX. ESTATES CODE § 55.251(a) and (b) (“An interested person 

may, by a bill of review filed in the court in which the probate proceedings were held, have an 

order or judgment rendered by the court revised and corrected on a showing of error in the order 

or judgment” and a bill of review “may not be filed more than two years after the date of the 

order.”); Id. at § 256.204(a) (“After a will is admitted to probate, an interested person may 

commence a suit to contest the validity thereof not later than the second anniversary of the date 

the will was admitted to probate . . . .”); Estate of Sullivan, 583 S.W.3d at 761-62 (discussing the 

two-year statute of limitations on will contests under the Estates Code).

Here, because Appellees’ action challenging the Will’s validity on ambiguity grounds was 

filed within the two-year period permitted by the Estates Code, we find that the trial court had 

jurisdiction. We overrule Appellant’s first issue. 
10

AMBIGUITY

In Appellant’s second issue, he challenges 11 findings on legal and factual sufficiency

grounds and asserts that the trial court’s conclusions of law are erroneous and unsupported. In 

Appellant’s view, the errors in the Will do not amount to “substantive mistakes” as the trial court 

found in its declaratory judgment order. He urges us to hold that the errors are misnomers that do 

not rise to the level of ambiguity. We agree with Appellant and conclude that the issue of ambiguity 

is controlling in this case. 

The trial court’s finding 14 is: “The Purported Will contained several, substantive mistakes, 

which render the Purported Will ambiguous and deficient to transfer or convey real property as a 

muniment of title.”

Will construction and whether a will is ambiguous are questions of law subject to de novo 

review on appeal. Knopf v. Gray, 545 S.W.3d 542, 545 (Tex. 2018) (per curiam). In construing a 

will, courts look to the entire instrument, harmonize the provisions, and give effect to the testator’s 

intent. Id. (citing Stephens v. Beard, 485 S.W.3d 914, 916 (Tex. 2016)); Hysaw v. Dawkins, 483 

S.W.3d 1, 7 (Tex. 2016). “A will is ambiguous when it is subject to more than one reasonable 

interpretation, or its meaning is simply uncertain.” Knopf, 545 S.W.3d at 545. Intent is ascertained 

from the language used within the four corners of the will. Estate of Burns, 619 S.W.3d 747, 752 

(Tex. App.—San Antonio 2020, pet. denied); Henderson v. Parker, 728 S.W.2d 768, 770 (Tex. 

1987). “The intent must be drawn from the will, not the will from the intent.” Huffman v. Huffman, 

339 S.W.2d 885, 888 (Tex. 1960); Hysaw, 483 S.W.3d at 7. “Extrinsic evidence is not admissible 

to construe an unambiguous will.” San Antonio Area Found. v. Lang, 35 S.W.3d 636, 637 (Tex. 

2000).
11

When answering a question of will construction, this Court is mindful of the presumption 

against intestacy and recognizes that “[t]he mere making of a will is evidence that the testator had 

no intent to die intestate . . . as to the whole or any part of [her] property.” Shriner’s, 610 S.W.2d 

at 151. 

The Decedent and Husband executed a joint will, which by its express terms, were 

contractual and reciprocal in nature. Articles IV and V of the Will contain provisions specific to

Husband, and Articles VI and VII contain provisions specific to the Decedent. Although each 

spouse has individual sections within the joint document, the disposition of the property with 

regard to their children is the same. In Article IV, Husband bequeaths all property to the Decedent

if she survives him, with the exception of the Juarez Property as follows: 

The only property that shall be awarded to someone other than my 

wife is a piece of real property that shall be bequeathed to my son, 

JUAN JESUS LEDESMA, SR. which is located at 3604 Juarez 

whose legal description is N1/3-a & S1/3-3 BLK 928 WD. This 

property shall be distributed to my son, JUAN JESUS LEDESMA, 

SR. whether my wife survives me or not. 

And the record reflects that Decedent survived Husband. 

The Decedent’s portion of the Will, in so far as Husband does not survive her, provides for 

the distribution of the estate in the following manner pursuant to Article VII, which states: 

In the event my beloved husband, FRANCISCO RENE 

LEDESMA does not survive me, or dies simultaneously with me in 

a common accident, then I give devise and bequeath to my beloved 

children, ANA MARIA HERNANDEZ, RENE LEDESMA, 

JUAN JESUS LEDESMA, CELIA ESCAMILLA, MARIA 

GUADALUPE SOTO AND MARIA ISABEL VASQUEZ, if 

they survive me, absolutely and forever, all of my property which I 

own and/or have the right to dispose of at my death of whatever 

kind, whether separate or community, or whatever character and 

description, real, personal, and/or mixed and wherever situated.

The only property that shall be awarded to someone other than my 

wife is a piece of real property that shall be bequeathed to my son, 
12

JUAN JESUS LEDESMA, SR. which is located at 3604 Juarez 

whose legal description is N1/3-a & S1/3-3 BLK 928 WD. This 

property shall be distributed to my son, JUAN JESUS LEDESMA, 

SR. whether my wife survives me or not. 

Appellees assert that the repetition of the same clause devising the Juarez Property to 

Appellant creates an ambiguity in the Will because the clause in Decedent’s portion is an exact 

copy of the clause in Husband’s portion, thus incorrectly using the word “wife.” This 

inconsistency, Appellees contend, casts doubt on whether sections that should have been used 

solely for Husband’s portion of the joint will were erroneously cut and pasted into the Decedent’s 

portion. 

Appellees argued at trial and in their appellate brief that the Will contained errors in 

pagination, used pronouns and prepositions inconsistently, and seemingly included “cut and 

pasted” portions with errors in paragraph placement.7 Appellees assert that the pagination errors 

indicate the Will was a draft and not a final version. The Will contains nine pages, which are 

labeled in sequential order in the footer of the document. While the pages are correctly and 

sequentially numbered, each page also includes the text: “ . . . and the first page of this my Last 

Will and Testament, signed on this the 18th day of March, 2011.” 

7 Appellees’ brief further relies on the conflicting testimony of the witnesses about the circumstances surrounding the 

execution of the Will and testimony about the Decedent’s ability to read or understand the English language. However, 

Appellees’ pleadings sought declaratory judgment on the sole ground that the Will was ambiguous and the trial court 

ruled solely on ambiguity based on the relief sought in the declaratory judgment. The attestation of the Will and the 

Decedent’s ability to read the English language have no bearing on the question of whether the language in the Will 

is ambiguous, and we limit our analysis to the four corners of the Will. See Henderson, 728 S.W.2d at 770.

Even if we were to construe the issue as an execution or attestation validity question, which Appellees did 

not plead at the trial court or brief in this Court, the trial court’s findings do not support invalidation of the Will on

either ground. Finding 12 states: “Decedent did not sign the Purported Will in front of her granddaughter, Elizabeth 

Vasquez.” But the Estates Code requires that a will be attested by two or more credible witnesses “who subscribe their 

names to the will in their own handwriting in the testator’s presence.” TEX. ESTATES CODE ANN. § 251.051(3)

(emphasis added). Whether Decedent signed the Will in the presence of the witness is legally insignificant, and 

Appellees did not file a cross-appeal contesting any of the trial court’s findings. See McGalliard v. Kuhlmann, 722 

S.W.2d 694, 696–97 (Tex. 1986) (finding that unchallenged findings are binding on an appellate court unless the 

reporter’s record establishes the opposite as a matter of law or the finding is unsupported by the evidence). 
13

We have reviewed the Will in its entirety, and although it contains the complained-of

errors, we cannot agree with the trial court that the errors create ambiguity requiring the Will to be 

set aside. Here, the errors do not make the intent of the testator uncertain or subject to more than 

one reasonable interpretation. See, e.g., Knopf, 545 S.W.3d at 545. Instead, we conclude that the 

repetition of the same clause using the word “wife” in both sections of the Will and the repetition 

of the same language in the footer amount to no more than scrivener’s or clerical errors. See Odom 

v. Coleman, 615 S.W.3d 613, 628 (Tex. App.—Houston [1st Dist.] 2020, no pet.) (discussing a 

scrivener’s error when reviewing a trial court’s decision to modify and reform a will). A scrivener’s 

error “is one resulting from a minor mistake or inadvertence, esp[ecially] in writing or copying 

something on the record, and not from judicial reasoning or determination.” Id. (quoting BLACK’S 

LAW DICTIONARY 563 (7th ed. 1999)). These minor mistakes do not render the Will ambiguous, 

as Decedent’s intent is readily discerned from the instrument as a whole. Knopf, 545 S.W.3d at 

545.

Because the language of the Will clearly conveys Decedent’s intent, the trial court could

not look outside the Will to find an alternate meaning. In re Estate of Craigen, 305 S.W.3d 825, 

827 (Tex. App.—Beaumont 2010) (orig. proceeding); see also Lehman v. Corpus Christi Nat’l 

Bank, 668 S.W.2d 687, 688 (Tex. 1984) (instructing courts that extrinsic evidence cannot be used 

to support an interpretation of an unambiguous will). Based on the language within the four corners 

of the Will, it is clear the Decedent intended to give equally to her surviving named children all of 

the property she owned or had the right to dispose of or both, with the exception of the piece of 

real property located at 3604 Juarez, whose legal description is N1/3-1 & S1/3-3 BLK 928 WD, 

which is bequeathed to her son, Juan Jesus Ledesma, Sr. Accordingly, we sustain Appellant’s 

second issue. 
14

CONCLUSION

We reverse the judgment of the trial court granting Appellees declaratory relief and 

allowing the estate to pass by intestacy. We reinstate the order admitting the Will to probate as a 

muniment of title. 

LISA J. SOTO, Justice

October 6, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.