Texas Supreme Court

Pearl Hilley v. Garland Hilley

January 25, 1961161 Tex. 569

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that stock purchased with community funds and issued to husband and wife as joint tenants with right of survivorship remains community property and does not become the wife's separate estate upon the husband's death. The Court overruled the earlier Ricks decision and rejected the argument that a survivorship agreement can convert community property to separate property. Justice Griffin, Culver and Norvell dissented, arguing that the Ricks rule should be upheld.