Toledo Society for Crippled Children v. Hickok
Texas Supreme Court
152 Tex. 578, 261 S.W.2d 692 (1953)
- Written by Mary Phelan D'Isa, JD
Facts
Mr. Hickok, decedent, died domiciled in Ohio. A year before his death, Hickok executed a will that left the residue of his estate to several Ohio charities. At the time of Hickok’s death, he owned—in partnership—real property and mineral interests in Texas, which after his death were exchanged for corporate stock according to a contract made during Hickok’s life and incorporated by reference into Hickok’s will. Hickok’s surviving children, as heirs, challenged the validity of the residuary gifts to the charities in a Texas state court. The gift to the charities was invalid under Ohio law but valid under Texas law. The children urged the court to employ the theory of equitable conversion and treat the residuary gift as a gift of personalty and thus subject to the law of Hickok’s domicile at death—Ohio—instead of treating it as a gift of realty, in which case it would be governed by the law of its situs—Texas. The trial court held that the gifts to the charities of the Texas property were valid but that the others were invalid. The appellate court denied the charities all relief and held that their interests were contingent and not vested. The charities appealed.
Rule of Law
Issue
Holding and Reasoning (Garwood, J.)
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