In In re Est. of Edward Long, the primary legal issue concerned the interpretation of a will, specifically whether the residuary clause—which bequeathed the residue of the estate to certain trusts for the decedent’s brothers—remained effective at the time of the decedent’s death. No. 06-24-00064-CV, 2025 Tex. App. LEXIS
unambiguous will
Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Odom v. Coleman, a brother and a sister sued each other regarding their father’s estate. No. 01-19-00669-CV, 2020 Tex. App. LEXIS 9551 (Tex. App.—Houston [1st Dist.] December 8, 2020, no pet.). The dispute centered on whether the father’s will should be reformed pursuant to Texas Estates Code Section 255.451(a)(3) that permits a court to modify or reform a will if “necessary to correct a scrivener’s error in the terms of the will, even if unambiguous, to conform with the testator’s intent,” which must be established by clear and convincing evidence. Id. The will contained a residuary clause that devised “personal property” to the son and then to the daughter. A strict reading of the will meant that the decedent’s real property would not be included in the residuary clause and would pass by intestancy. The son sued to reform the will to omit the word “personal” in the residuary clause. The trial court ruled for the son and the daughter appealed.
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
…