Pearson v. Fillingim
Texas Supreme Court
332 S.W.3d 361 (2011)
- Written by Whitney Kamerzel , JD
Facts
Rita Pearson (defendant) and Willis Fillingim (plaintiff) were married for 11 years. During the marriage, Willis’s parents conveyed to Willis deeds for mineral rights, which Willis leased to third parties. After Rita and Willis divorced, the trial court held that the parties’ estate was to be divided in accordance with two schedules, one for Rita and one for Willis. A residuary clause gave equal rights to Rita and Willis for any property that was not disposed of in the schedules. Willis did not make an appearance before the court, did not submit evidence, and did not appeal the divorce decree. Rita and Willis continued to receive royalties from the mineral rights. For 25 years, Willis did not know that Rita was still receiving the royalties. When Willis found this out, he sued to clarify the decree with respect to the mineral rights, arguing the residuary clause did not apply to the mineral rights because they were his separate property and not subject to division upon divorce. The trial court held in Willis’s favor, holding that the divorce decree only divided the parties’ estate, which did not include Willis’s separate-property mineral rights. The court of appeals affirmed. Rita appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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