McFARLAND v. HABY

No. 12991.

589 S.W.2d 521 (1979)

Lucille Haby McFARLAND, Individually and as Independent Executrix of the Estate of Kune Junde Haby, Deceased, et al., v. H. Howard HABY, Jr.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 21, 1979.


Attorney(s) appearing for the Case

Charles R. Griggs, Nunn, Griggs & Steakley, Sweetwater, for appellants.

Edward B. Winn, Lane, Savage, Counts & Winn, Dallas, for appellee.


SHANNON, Justice.

Appellants invoked the jurisdiction of the district court of McCulloch County seeking a declaratory judgment that a contract not to make a will signed by the parties' mother was void. Appellants claimed the contract was void primarily for the reason that it sought to change or avoid the law of descent and distribution. After trial to a jury, the district court entered judgment specifically enforcing the contract.

Emil Haby and Kune Junde...

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