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
Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The Decedent’s Death
In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm equipment located thereon to my two children . . . in equal shares; provided, however, if either [of the children]
Court Construed A Will To Provide That Mineral Interests Were Devised To The Surviving Daughter’s Family And To Cut Out A Predeceased Daughter’s Family
In Prather v. Callon Petroleum Operating Co., the court of appeals resolved a will construction issue that determined who owned certain mineral interests. No. 11-20-00189-CV, 2022 Tex. App. LEXIS 3200 (Tex. App.—Eastland May 12, 2022, no pet.). The decedent left all of her property equally to her two daughters and then stated: “In the event that one of the beneficiaries in this paragraph is not living at the time of my death, then his or her share shall go to the survivor(s) thereof.” One daughter predeceased the decedent. That daughter’s children believed that they owned half of the decedent’s minerals upon her passing, and signed mineral leases. The other daughter’s children thought that they owned all of the minerals as their mother had survived the decedent. Thereafter, various parties asserted claims regarding these minerals and the interpretation of the will.
Court Holds That Testatrix Died Partially Intestate And That The Term “Personal Effects” In A Will Did Not Include Real Property
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,
Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will
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
Court Holds That Testator’s Granddaughter Was A Beneficiary Of The Will
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
Court Holds That A Will Left A Partial Intestacy
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
Texas Supreme Court Holds That Testator Devised Property As A Life Estate
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
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
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
Court Held That A Testator Was Partially Intestate And Did Not Leave His Real Property To His Niece Under His Will
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