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

Summary

The Texas Supreme Court held that a premarital agreement may validly waive a surviving spouse's constitutional and statutory rights to the probate homestead and other exempt property, and that illegal provisions concerning separate property income can be severed without voiding the entire contract. The Court reversed the Court of Civil Appeals and affirmed the trial court’s judgment. Justice Chadick dissented, arguing the waiver is invalid and should be void.