Texas Supreme Court

William Wesley Williams, Jr., Independent Executor, Petitioners v. Mildred Disch Williams, Respondent

May 31, 197821 Tex. Sup. Ct. J. 400

Summary

The Texas Supreme Court held that a premarital agreement waiving a surviving spouse's probate homestead and other exempt property rights is enforceable, and that the contract's provision making income earned during marriage the separate property of the earning spouse is void but severable. The Court reversed the Court of Civil Appeals and affirmed the trial court's judgment in favor of the children.