WILLIAMS v. ESTATE OF WILLIAMS

No. 12511.

548 S.W.2d 492 (1977)

Mildred Disch WILLIAMS, Appellant, v. ESTATE of William Wesley WILLIAMS, Sr., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 30, 1977.


Attorney(s) appearing for the Case

Charles G. Trenckmann, Austin, for appellant.

Malcolm Robinson, Karl H. Moeller, Hooper, Robinson & Moeller, Austin, William Wesley Ogden, Jr., Law Student, for appellees.


PHILLIPS, Chief Justice.

The question before this Court is whether a party can, by premarital contract, relinquish her right, as surviving spouse, to occupy the homestead, use its furnishings and use the family car.

The trial court held such a contract valid and binding on the appellant. We reverse this judgment and hold the contract to have no force and effect on appellant's constitutional and statutory rights in the properties.

The facts necessary...

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