MARTIN v. LOTT

No. 17881.

482 S.W.2d 917 (1972)

Stanley E. MARTIN, Appellant, v. Mary L. LOTT, Independent Executrix of the Estate of Patricia Patterson, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 22, 1972.


Attorney(s) appearing for the Case

Richard Jones, Rain, Harrell, Emery, Young & Doke, Dallas, for appellant.

Mark R. Saiter, Passman, Jones, Stewart, Andrews & Co., Dallas, for appellee.


GUITTARD, Justice.

This appeal is from a summary judgment denying plaintiff Stanley Martin specific performance of a letter agreement concerning repurchase of a certain overriding royalty he had previously conveyed to Patricia Patterson, deceased. The court ruled that by accepting payments made to him as life tenant under Miss Patterson's will, plaintiff made a binding election which bars him from enforcing the letter agreement. We hold that plaintiff was required...

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