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HOLMES v. BEATTY

Nos. 07-0784, 07-0785.

290 S.W.3d 852 (2009)

Harry HOLMES, II, Independent Executor of the Estate of Thomas J. Holmes, Sr., Deceased and as Trustee of Any Trust Named as a Legatee In the Will of Thomas J. Holmes, Sr., Deceased, Petitioners, v. Douglas G. BEATTY, Independent Executor of the Estate of Kathryn V. Holmes, Deceased, Respondent. Harry Holmes, II, Independent Executor of the Estate of Thomas J. Holmes, Sr., Deceased and as Trustee of Any Trust Named as a Legatee In the Will of Thomas J. Holmes, Sr., Deceased, Petitioners, v. Douglas G. Beatty, Independent Executor of the Estate of Kathryn V. Holmes, Deceased, Respondent.

Supreme Court of Texas.

Delivered June 26, 2009.

Rehearing Denied September 25, 2009.

Attorney(s) appearing for the Case

Richard P. Hogan Jr., Jennifer Bruch Hogan, Matthew E. Coveler, Hogan & Hogan, L.L.P., Jack W. Lawter Jr., Dianne W. Lawter, Lawter & Lawter, L.L.P., Houston, TX, for Petitioner.

Joseph S. Horrigan, Linda C. Goehrs, Rudolph Michael Culp, Horrigan & Goehrs, L.L.P., Beverly Kaufman, Houston, TX, for Respondent.

Robin C. Gibbs, Brandon Trent Allen, Gibbs & Bruns LLP, Lawrence J. Pirtle, Gardere Wynne Sewell LLP, Houston, TX, for person interested in case.

Chief Justice JEFFERSON delivered the opinion of the Court.

After decades of debate in the bench, bar, and the Legislature about the ability of spouses to obtain rights of survivorship in community property, Texas citizens changed the constitution to confirm that right. The 1987 amendment provides 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." TEX. CONST. art....

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