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HAAS v. VOIGT

No. 04-95-00949-CV.

940 S.W.2d 198 (1996)

Herman H. HAAS, Appellant, v. Joyce VOIGT and Shirley Van Ouderke, Co-Administrators of the Estate of Emma Bertha Haas, Deceased, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 4, 1997.

Attorney(s) appearing for the Case

Michael A. Henry, Boerne, for appellant.

Frank Y. Hill, Jr., Boerne, for appellee.

Before RICKHOFF, GREEN and DUNCAN, JJ.

DUNCAN, Justice.

The issue presented by this appeal is one of first impression: May a husband unilaterally alter the terms of an agreement with his wife by which they created a right of survivorship in community funds? While we recognize that a spouse may revoke such an agreement, in whole or in part, we hold that the spouse involved in this case did not effectively do so. We therefore affirm the trial court's judgment.

FACTUAL AND PROCEDURAL BACKGROUND<...

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