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McKinley v. McKinley

496 S.W.2d 540 (1973)

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McKinley v. McKinley

Texas Supreme Court
496 S.W.2d 540 (1973)

  • Written by Whitney Kamerzel , JD

Facts

Flora McKinley (plaintiff) and Royal McKinley were married. Before the marriage, Royal opened two savings accounts. The first savings account contained $10,400 of Royal’s separate property and was used to purchase a $10,400 certificate during Royal’s marriage. The second savings account had a balance of $9,570.27 prior to Royal’s marriage. This money was Royal’s separate property. However, during Royal’s marriage, a $6,600 deposit was made. There was no evidence about the source of this deposit. An unidentified $4,985.91 withdrawal was also made. During Royal’s marriage, $10,000 from this account, along with $6,000 that was withdrawn from Royal and Flora’s joint accounts, was used to purchase a second certificate. During marriage, therefore, Royal acquired two certificates, the first for $10,400 and the second for $16,000. Royal subsequently died, and Flora brought an action against Keith McKinley (defendant), the executor of Royal’s estate, asking the trial court to declare that the two certificates were Royal and Flora’s community property. The trial court held in Flora’s favor because the certificates were acquired during marriage and the funds used to purchase the certificates came from commingled accounts. Royal’s executor appealed.

Rule of Law

Issue

Holding and Reasoning (Denton, J.)

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