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5 Texas opinions name it 2 courts 1983–2026 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Smithgreen2 sentences2026“Equity does not permit the beneficiary of a will to grasp benefits under the will with one hand while attempting to nullify it with the other.” Estate of Johnson, 631 S.W.3d 56 , 61 (Tex. 2021); see also In re Estate of McFatter, 94 S.W.3d 729, 734 (Tex. App.—San Antonio 2002, no pet.) (“The doctrine of election is based on the principle that a person may not take benefits under a will and, at the same time, set up a right or claim of his own, even if well founded, which would defeat or in any way prevent the full effect and operation of every part of the will.”) (quoting Smith v. Smith, 657 2015“The doctrine of election is based on the principle that a person may not take benefits under a will and, at the same time, set up a right or claim of his own, even if well founded, which would defeat or in any way prevent the full effect and operation of every part of the will.” Smith v. Smith, 657 S.W.2d 457, 459 (Tex. App.—San Antonio 1983, writ ref’d n.r.e.). | 4 | 4 |
In Re Estate of McFattergreen1 sentence2026“Equity does not permit the beneficiary of a will to grasp benefits under the will with one hand while attempting to nullify it with the other.” Estate of Johnson, 631 S.W.3d 56 , 61 (Tex. 2021); see also In re Estate of McFatter, 94 S.W.3d 729, 734 (Tex. App.—San Antonio 2002, no pet.) (“The doctrine of election is based on the principle that a person may not take benefits under a will and, at the same time, set up a right or claim of his own, even if well founded, which would defeat or in any way prevent the full effect and operation of every part of the will.”) (quoting Smith v. Smith, 657 | 1 | 1 |
Dakan v. Dakangreen1 sentence2015An election exists if the “benefits given the wife in the will are inconsistent with her rights allowed by law.” Dakan v. Dakan, 83 S.W.2d 620, 625 (Tex. 1935). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
in the Estate of Dempsey Johnson
green
1 sentence2026“Equity does not permit the beneficiary of a will to grasp benefits under the will with one hand while attempting to nullify it with the other.” Estate of Johnson, 631 S.W.3d 56 , 61 (Tex. 2021); see also In re Estate of McFatter, 94 S.W.3d 729, 734 (Tex. App.—San Antonio 2002, no pet.) (“The doctrine of election is based on the principle that a person may not take benefits under a will and, at the same time, set up a right or claim of his own, even if well founded, which would defeat or in any way prevent the full effect and operation of every part of the will.”) (quoting Smith v. Smith, 657 | 1 | 2026–2026 |
Miller v. Miller
green
2 sentences1983Miller v. Miller, 149 Tex. 543 , 235 S.W.2d 624 (1951). 1983Miller v. Miller, 149 Tex. 543 , 235 S.W.2d 624 (1951). | 1 | 1983–1983 |