Monday, January 6, 2014

Weems v. Frost National Bank of San Antonio case brief

Weems v. Frost National Bank of San Antonio case brief summary
301 S.W.2d 714 (1957)

Appellant cousins challenged the judgment of the trial court (Texas), which found in favor of appellees, the widow, children, and nephew of the decedent, in their action against appellee executor to recover property and assets of the estate.

At issue was the interpretation of a paragraph within the will, devising particular assets, and whether the devise to the cousins was a class bequest or gift. The devise consisted of a portion of royalties realized on certain property. The cousins argued that the decedent intended to create a class gift.


  • The court held that the will was unambiguous and contained a residuary clause, which made the instrument a complete disposition of all the decedent's estate. 
  • The court found that the devise described the decedent's intention with clarity. 
  • Therefore, the court affirmed the trial court's holding that the bequest applied only to gas and sulphur royalty as it was written. 
  • Furthermore, the court affirmed the decision that the provisions of the devise did not create a class gift. 
  • The beneficiaries were individually named and their number was definite, because the father of the children was already dead.

The judgment in favor of the decedent's widow, children, and his nephew was affirmed.

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