San Antonio Area Foundation, Petitioner v. Sylvan Stephen Lang and Jeanne Lang Mathews, Respondents

Summary

The Texas Supreme Court held that extrinsic evidence is not admissible to construe an unambiguous will provision, that the term “real property” does not include the promissory notes, lien notes, or cash, and that the sale of portions of the property before the testatrix’s death adeemed those portions. Accordingly, the disputed assets pass to the San Antonio Area Foundation under the residuary clause, and the Court reversed the Court of Appeals and reinstated the probate court’s judgment.