In Pike v. Crosby, 472 S.W.2d 588 (Tex. Civ. App.--Eastland 1971, no writ), Ora Badger conveyed all of her property to George Pike through a trust conveyance, with the property to be held in trust for Badger's benefit during her lifetime, and with title to vest in Pike at Badger's death. Id. at 588. After her death, her three heirs at law and a principal devisee under her will brought suit to cancel the trust conveyance. Id. The trial court granted a temporary injunction against Pike restraining him from disposing of any of Badger's estate pending final trial on the merits. Id. at 588-89. The court determined that the devisee under Badger's will had no justiciable interest or capacity to either bring or maintain the suit for cancellation of the conveyance because Badger's will was unprobated and thus, the devisee could not demonstrate an interest in the property in question. Id. at 589-90. The court further ruled that the decedent's heirs at law lacked a justiciable interest in the property and did not have legal capacity to maintain the suit because they could not allege, as required by common law, that there was no administration of Badger's estate pending, no necessity for administration, and no will left by the decedent. Id. at 590-91. The court held that, absent a right to maintain the underlying action, appellees were not entitled to the temporary injunction. Id. at 591.