Cleo Mason Hamilton v. Norman Hamilton

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the trial court did not abuse its discretion in severing the consolidated causes and granting a new trial only in the will‑contest, that estoppel could not be raised for the first time on a new‑trial motion, that the contract between W. B. Hamilton and his first wife was enforceable granting Norman Hamilton whatever property his father owned at death, and that the partition agreement and warranty deeds did not relinquish Norman's rights under that contract. Justice Griffin dissented, arguing that the contract created a constructive trust and that the partition deed barred Norman's claim.