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ESTATE OF HEARN v. HEARN

No. 01-01-00499-CV.

101 S.W.3d 657 (2003)

ESTATE OF Vernon HEARN, Deceased; Chester Hearn, Individually, and as Co-Executor of the Estate of Vernon P. Hearn, and as Co-Trustee of the Hearn Family Trust; Roger Hearn, Gale Hearn Daniel, and Dale Hearn, Individually, and as Independent Co-Executor of the Estate of Vernon P. Hearn, and as Co-Trustee of the Hearn Family Trust, Appellants, v. Louise HEARN, Individually, and as Independent Co-Executor of the Estate of Vernon P. Hearn, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 27, 2003.

Attorney(s) appearing for the Case

Christopher A. Prine, Sharon B. Gardner, Crain, Caton & James, P.C., Roger L. Beebe, Vinson & Elkins, LLP, Houston, for Appellant.

Alvin L. Zimmerman, Zimmerman, Axelrad, Meyer & Wise, P.C., John L. Hopwood, S. Shawn Stephens, Gina Dawn Patterson, Locke, Liddell & Sapp, L.L.P., Catherine B. Smith, Sarah A. Duckers, Vinson & Elkins, Houston, for Appellee.

Panel consists of Chief Justice RADACK and Justices NUCHIA and HANKS.

OPINION

SHERRY RADACK, Chief Justice.

This case involves the issue of contractual wills. Specifically, we must decide whether wills executed simultaneously by the testator and his wife contain mutual contractual agreements to fund a family trust with the property of both spouses upon the death of the first spouse. Because we hold that there were no such contractual agreements, we affirm the trial court's judgment...

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