Wright v. Wright
Texas Supreme Court
274 S.W.2d 670 (1955)
- Written by Whitney Kamerzel , JD
Facts
May Wright (defendant) and David Wright were married until David’s death. In his will, David devised his nephews, nieces, sisters, and a ranch employee (plaintiffs) specific tracts of land that were acquired during David’s marriage. The will also gave May a life estate in all of David’s share of the community property. After the will was probated, David’s family and the ranch employee filed suit and a motion for summary judgment arguing that May was forced to make an election between claiming her half of the community property or taking under David’s will and that May had already made an election to reject the will. The trial court and the Texas Court of Civil Appeals granted summary judgment to David’s family and the ranch employee.
Rule of Law
Issue
Holding and Reasoning (Garwood, J.)
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