Frey v. Estate of Sargent, 8634
| Decision Date | 30 January 1976 |
| Docket Number | No. 8634,8634 |
| Citation | 533 S.W.2d 142 |
| Parties | Jimmie Lee FREY et al., Appellants, v. The ESTATE of George S. SARGENT, Deceased, Appellee. |
| Court | Texas Court of Appeals |
Lemon, Close, Atkinson & Shearer, Otis C. Shearer, Perryton, for appellants.
Allen, Gaines & Roberson, Ronnie Gaines, Perryton, for appellee.
A take-nothing judgment was rendered in this action for the breach of an antenuptial agreement filed by the lineal descendants of the first deceased signer against the estate of the other deceased signer. In appealing, plaintiffs contend that the law of Oklahoma, where the agreement was executed, is applicable to sanction recovery rather than the law of Texas, the only place designated for performance, which defeats their recovery. The facts underlying the action invoke the application of Texas law. Affirmed.
Ruby Frey, a 60-year-old widow residing in Ochiltree County, Texas, and George S. Sargent, an 80-year-old single man of Beaver County, Oklahoma, each having lineal descendants from a prior marriage, executed in Oklahoma a prenuptial agreement in contemplation of marriage. Expressing an order of descent of Texas property contrary to the then existing provisions of Vernon's Ann.Civ.St. art. 4610 (1840) but embracing a saving clause, the agreement contains these paragraphs material to the cause of action:
II.
The parties contemplate that after such marriage they may reside in Frey's home in Perryton, Texas, or they may acquire a new home in Perryton, Texas. . . .
III.
During the lifetime of Sargent, Sargent expressly agrees:
c. That he will forthwith after the consummation of such marriage execute a proper and valid will bequeathing to Frey
(1) $30,000.00 in cash;
IV.
Each of the parties hereto, covenant and agree that each will endeavor to the best of his or her ability to please the other and Frey expressly agrees that she will take care of Sargent for as long as she is able to do so, taking into consideration the respective physical condition of the parties hereto.
After their marriage, George executed in Oklahoma his will bequeathing $30,000 cash to Ruby. They made their home in Ruby's house in Perryton, Texas. Approximately two and one-half years later Ruby died. At that time under Texas law, the bequest lapsed. Bomar v. Carstairs, 124 Tex. 492, 79 S.W.2d 841, 846 (1935). Some six months thereafter, George executed in Oklahoma another will, revoking all prior wills and omitting the bequest previously made to Ruby, which remained in effect at his...
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New York Life Ins. Co. v. Baum
...Blancos Flecha Roja, S.A. De C.V., 486 F.2d 493 (5th Cir.1973); Castilleja v. Camero, 414 S.W.2d 424 (Tex.1967); Frey v. Estate of Sargent, 533 S.W.2d 142 (Tex.Civ.App.1976); Harris, Baum, 617 F.2d at 1204. "Where the contract was made in one state but was to be performed in that and partly......
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...Blancos Flecha Roja, S.A. De C.V., 486 F.2d 493 (5th Cir. 1973); Castilleja v. Camero, 414 S.W.2d 424 (Tex.1967); Frey v. Estate of Sargent, 533 S.W.2d 142 (Tex.Civ.App.1976); Harris, New York Life argues that the insurance policy was made in Louisiana and was intended by the parties to ope......
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