Estelle Stewart, Petitioners v. Bonnie Belle Selder, Respondents

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the term “cash” in the will of Thelma Evelyn Boyd refers only to coins, paper money, checks and bank deposits, not to stocks and bonds, and that “debts and expenses” excludes estate tax. Accordingly, the cash bequests go to Aunt Estelle Stewart and the residual estate passes to the heirs under descent and distribution. Justice Calvert, in a concurring opinion, disagreed with the majority’s broad view on the admissibility of extrinsic evidence when a will is clear.