Texas Supreme Court

Thomas Carroll v. Susan Carroll and Others

July 1, 185820 Tex. 731

Summary

The Texas Supreme Court reversed the district court's judgment and remanded with instructions to recognize Susan Carroll as the lawful wife entitled to a one‑half community share of Nathaniel H. Carroll's estate, to distribute the estate according to the testator's will, and to void the sheriff's sale of property to Berry L. Ham. The Court also clarified the construction of the will's language regarding the wife and children and affirmed that all of the testator's children, legitimate or legitimated, are beneficiaries.