Texas Supreme Court

L. D. Bounds, Petitioner v. Kerry Tyrone Caudle, Respondents

November 30, 197721 Tex. Sup. Ct. J. 92

Summary

The Texas Supreme Court reversed the lower courts and remanded for a new trial, holding that interspousal tort immunity does not bar the children’s wrongful‑death claim for an intentional tort, that a constructive trust and forfeiture of life‑insurance proceeds are proper despite only a negligent‑homicide conviction, and that the trial court erred by refusing a self‑defense instruction. The Court also affirmed that the probate code does not conflict with the imposition of the constructive trust.