ROBINSON v. SHELTON

No. C-5509.

717 S.W.2d 601 (1986)

Jewel F. ROBINSON, Petitioner, v. Beverly Jean SHELTON, Respondent.

Supreme Court of Texas.

Rehearing Denied November 5, 1986.


Attorney(s) appearing for the Case

Kenneth R. Stein, Melanie S. McMillen, Matthews, Carlton & Stein, Dallas, for petitioner.

G.H. Kelsoe, Jr. and Timothy S. Perkins, Kelsoe & Kelsoe, P.C., Dallas, for respondent.


PER CURIAM.

This is an appeal from a judgment in an unpublished opinion instructing Jewel Robinson to elect between taking under her husband's will or suing for her interest in the loans her husband made to Beverly Shelton. Jewel Robinson argued that the court of appeals should not have considered the doctrine of elections because neither party presented the issue.

An election cannot be raised unless the will conferred a benefit on Jewel Robinson. Baldwin...

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