Texas Supreme Court
Tom H. Mooney, Independent Executor of the Estate of Henry English, Petitioners v. Dulan Harlin, Respondent
September 16, 198124 Tex. Sup. Ct. J. 552
Summary
The Texas Supreme Court affirmed the trial court's summary judgment granting judgment for the executor, holding that the fraud claim was barred by the two‑year statute of limitations. The Court reasoned that the limitations period began when the will was admitted to probate, giving constructive notice of the lack of any bequest to Harlin. Because the suit was filed more than two years after that date, it was time‑barred. The Court also overruled the appellate court's consideration of abandoned breach‑of‑contract arguments.