will interpretation
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…
Court Holds That A One-Line Will Should Have Been Admitted To Probate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In the Estate of Setser, the decedent signed a 1993 will naming his daughter as the sole beneficiary. No. 01-15-00855-CV, 2017 Tex. App. LEXIS 937 (Tex. App.—Houston [1st Dist.] February 2, 2017, no pet. history). Later, in 2014, he signed a hand-written will naming his good friend and…
Court Holds That Will Created Void Alienation On Restraint
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Knopf v. Gray, a decedent died in 1993, and her will was admitted to probate the same year. No. 10-15-00273-CV, 2017 Tex. App. LEXIS 191 (Tex. App.—Waco January 11, 2017, no pet. history). Her will provided that “I give all my estate to my son Bobby Gray” and…
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
…
Court Holds That Will Did Not Revoke Inter Vivos Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Gordon v. Gordon, a man and his wife executed a revocable trust agreement and began to fund the trust. No. 11-14-00086-CV, 2016 Tex. App. LEXIS 3357 (Tex. App.—Eastland March 31, 2016, no pet. history). The couple later executed a joint will that their son had prepared. The joint…
Court Addresses Common-Disaster Provision In Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Stephens v. Beard, a husband shot his wife, who died immediately, and then shot himself. He died hours later in the hospital. No. 12-13-00160-CV, 2014 Tex. App. LEXIS 3895 (Tex. App.—Tyler April 10, 2014), rev’d, No. 14-0406, 2016 Tex. LEXIS 219 (Tex. March 18, 2016). Their wills …