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HAYNES v. STRIPLING

No. 11-90-144-CV.

812 S.W.2d 397 (1991)

Sue HAYNES, Independent Executrix of the Estate of Sue Nelson Stripling, Appellant, v. Hayes STRIPLING, Sr., Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled August 22, 1991.

Attorney(s) appearing for the Case

Timothy D. Yeats, Little, Palmer & Williams, Big Spring, for appellant.

Lanny Hamby, Hamby & Mouton, Big Spring, for appellee.

OPINION

McCLOUD, Chief Justice.

The issue is whether the 1987 amendment to Section 15 of Article XVI of the Texas Constitution providing that "spouses may agree in writing that all or part of their community property becomes the property of the surviving spouse on the death of a spouse" should be applied retroactively. We hold that it should.

On October 2, 1984, and January 2, 1985, Hayes Stripling, Sr., and his wife, Sue Nelson Stripling, deposited...

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