Ossorio v. Leon
Texas Court of Appeals
705 S.W.2d 219 (1985)
- Written by Whitney Kamerzel , JD
Facts
Edna Ossorio (defendant) was married to Adolfo Ossorio until Adolfo’s death. Both were Mexican citizens and resided in Mexico during their entire 42-year marriage. Before Adolfo’s death, Edna and Adolfo deposited funds into a Texas bank account. The contract stated that the funds were owned by both spouses as joint tenants with the right of survivorship. The funds were proceeds from the liquidation of community property held by the Ossorios in Mexico during their marriage. After Adolfo died, Edna tried to withdraw the funds. Adolfo’s two children from a prior marriage (the children) (plaintiffs) sued Edna, arguing that under Texas law a portion of the funds belonged to the children. The children were also Mexican citizens. Edna argued that the ownership of the funds was governed by Mexican law, which upheld the principle of joint survivorship. The trial court granted the children’s motion for summary judgment. Edna appealed.
Rule of Law
Issue
Holding and Reasoning (Reeves, J.)
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