McFarlen v. McFarlen
| Decision Date | 01 April 1976 |
| Docket Number | No. 4894,4894 |
| Citation | 536 S.W.2d 590 |
| Court | Texas Court of Appeals |
| Parties | Velma Beatrice McFARLEN, Appellant, v. Ruth McFARLEN, Appellee. |
George D. Beall, Nunn, Griggs, Beall & Wilks, Sweetwater, for appellant.
R. Temple Dickson, Mays, Moore, Dickson & Roberts, Inc., Sweetwater, for appellee.
This is an appeal from a judgment of the County Court of Nolan County setting aside and vacating its previous order admitting the last will and testament of William Arnold McFarlen, deceased, to probate and appointing Velma Beatrice McFarlen Independent Executrix.
After the will was admitted to probate, Ruth McFarlen brought suit contending that the will was null and void under Section 69, Texas Probate Code, V.A.T.S. The trial court agreed. Velma Beatrice McFarlen appeals, contending the court erred in declaring the will and letters testamentry issued to her null and void. We reverse and render in part and affirm in part.
William Arnold McFarlen and Velma Beatrice McFarlen were married October 19, 1932, and were divorced July 12, 1968. William McFarlen, as a single man on June 2, 1972, executed the will in question. On October 19, 1972, Velma and William remarried and again divorced January 10, 1974. William then married Ruth McFarlen February 25, 1974, and died August 6, 1974, without having revoked or changed the will dated June 2, 1972.
The will contains four basic paragraphs. Paragraph one provides for the payment of debts and taxes; paragraph two bequeaths and devises all of McFarlen's estate to Velma Beatrice McFarlen; paragraph three appoints Velma Beatrice McFarlen independent executrix and alternatively appoints First National Bank, Sweetwater, Texas, independent executor 'should she (referring to Velma Beatrice McFarlen) fail or refuse to qualify'. Paragraph four provides:
'In the event that VELMA BEATRICE McFARLEN predeceases me, then, in that event and in that event only, I hereby will, devise and bequeath unto my daughter, JOHNNIE LANELL ANYON, all of my estate, real, personal, and mixed, in fee simple.'
V.A.T.S., Probate Code, § 69 (1956), states:
We think this statutory provision prohibits Velma Beatrice McFarlen from being either a beneficiary or a fiduciary under the will. Volkmer v. Chase, 354 S.W.2d 611 (Tex.Civ.App.--Houston 1962, writ ref. n.r.e.).
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Bloom v. Selfon
...spouse predeceases her "in that event and in that event only" the estate is to go to the alternate beneficiary. See McFarlen v. McFarlen, 536 S.W.2d 590 (Tex.Civ.App.1976).6 We do not believe that a bequest to "my husband's uncle" is itself a bequest "in favor of or relating to the spouse s......
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