In Re Estate of Marvin Nash, Deceased

Summary

The Texas Supreme Court held that a contingent bequest to a former stepchild is not a provision favoring a former spouse under Probate Code §69, and therefore the statute’s “as if former spouse predeceased” rule does not apply. Consequently, the contingent bequest fails and the estate passes to the testator’s heirs at law. The Court affirmed the Court of Appeals’ judgment.