IN RE ESTATE OF NASH

No. 05-0538.

220 S.W.3d 914 (2007)

In re ESTATE OF Marvin NASH, Deceased.

Supreme Court of Texas.

Decided April 20, 2007.

Rehearing Denied June 1, 2007.


Attorney(s) appearing for the Case

John W. Tunnell, Tunnell & Cox, L.L.P., Lufkin, TX, for Petitioner.

Thomas W. Deaton, Deaton Law Firm, Lufkin, TX, for Respondents.


Chief Justice JEFFERSON delivered the opinion of the Court.

While death is certain, divorce is not. In this case, the testator anticipated the former but did not prepare for the latter. His will — executed while he was married and designating his then-spouse as primary beneficiary — remained unchanged when he died, notwithstanding his divorce some two years earlier. The Legislature addressed devises in favor of former spouses by enacting Probate Code...

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