HUNTER v. CLARK

No. 04-83-00501-CV.

687 S.W.2d 811 (1985)

Paul HUNTER, Appellant, v. Charles E. CLARK, Appellee.

Court of Appeals of Texas, San Antonio.

March 6, 1985.


Attorney(s) appearing for the Case

Samuel F. Biery, San Antonio, for appellant.

Morris Kirschberg, San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and BUTTS, JJ.


OPINION

BUTTS, Justice.

The question on appeal is whether the surviving spouse waived his homestead rights to the separate property of his deceased wife. The court ruled in its construction of the premarital agreement that he did. The judgment of the trial court reflects the ruling that, as the result of the couple's premarital agreement, the surviving spouse did waive his homestead rights to the real property. The plaintiff, the only child and devisee in...

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