In In re Estate of Ethridge, a testatrix signed a will that provided that “all my personal effects” would be devised to her nephew in law and that her half interest in a home went to another person. No. 11-17-00291-CV, 2019 Tex. App. LEXIS 9564 (Tex. App.—Eastland October 31, 2019, no pet.). The trial
will construction
Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will
By David Fowler Johnson on
Posted in Items of Interest
I. Introduction
Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000). The Texas Supreme Court stated as follows:
In construing a will, the court’s focus is on the testatrix’s intent. This intent must be ascertained from the language
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Court Holds That Testator’s Granddaughter Was A Beneficiary Of The Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In McDaniel v. Meador, parties sued for declaratory relief regarding whether a granddaughter was a beneficiary of a will. No. 01-18-00041-CV, 2019 Tex. App. LEXIS 1315 (Tex. App.—Houston [1st Dist.] February 21, 2019, no pet. history). The will stated that the testator left her estate: “(a) To those of my children (JASPER “LEE” MCDANIEL,…
Court Holds That A Will Left A Partial Intestacy
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Sullivan v. Hatchett, a husband executed a will giving his wife a life estate in his property. No. 07-17-00296-CV, 2019 Tex. App. LEXIS 980 (Tex. App.—Amarillo February 11, 2019, no pet. history). The will then provided:
THIRD: In the event [Juanita] should predecease me, or if we should die in or as a
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Texas Supreme Court Holds That Testator Devised Property As A Life Estate
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018). The provision through which the testator devised the land stated: “NOW BOBBY I leave the rest to you, everything, certificates of deposit, land, cattle and machinery,…
Court Holds That A Wife Devised Her Property In Fee Simple Determinable To Her Husband With An Executory Interest To Her Son; So, After The Husband Died, If He Still Owned The Property, It Went To The Son
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Hernandez, the issue in the case was whether clauses in a will conveyed a life estate to the decedent’s husband. No. 05-16-01350-CV, 2018 Tex. App. LEXIS 755 (Tex. App.—Dallas January 24, 2018, no pet. history). The will stated:
The rest and residue of my estate, both real, personal and
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Court Held That A Testator Was Partially Intestate And Did Not Leave His Real Property To His Niece Under His Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Neal, Larry Ronald Neal executed a will in which he bequeathed his personal property to his niece, Valorie Jean White, and omitted a devise to his daughter. No. 02-16-00381-CV, 2017 Tex. App. LEXIS 10541 (Tex. App.—Fort Worth November 9, 2017, no pet. history). The will stated: “I do give…
Court Affirms Dismissal Of Will Contest Based On Public Policy Arguments Arising From Sexual Abuse Allegations
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Merrick v. Helter, a daughter who accused her father of sexual abuse attempted to void her father’s will based on public policy grounds. No. 03-14-00708-CV, 2016 Tex. App. LEXIS 8966 (Tex. App.—Austin August 18, 2016, no pet. history). Two days before the father died, he signed a will that left no property to…
Court Interprets Will’s Residuary Clause To Create A Determinable Fee Simple Estate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Morgenroth, a mother died testate with a will that gave specific devises to her two children, a son and daughter. No. 05-15-00777-CV, 2016 Tex. App. LEXIS 7857 (Tex. App.—Dallas July 25, 2016, no pet. history). The will contained a residuary clause:
All the remaining property, real and otherwise, of
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Court Reverses A Probate Order Requiring An Executor To Distribute Real Property Free Of Any Liens
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Heider, a probate court ordered that an executor should distribute real property to a beneficiary free of liens. No. 05-14-00436-CV, 2016 Tex. App. LEXIS 5978 (Tex. App.—Dallas June 6, 2016, no pet. history). The will devised the tract of land to the testator’s son, stating “I give, devise and…