election is based principle (Texas) · Go Syfert
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election is based principle in Texas

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.

Followed or applied (3)

CaseFollowedCited
Smith v. Smithgreen
texapp · 1983 · cited in 4 Texas opinions naming this issue, 2002–2026
2 sentences

2026“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.).

44
In Re Estate of McFattergreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026“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

11
Dakan v. Dakangreen
tex · 1935 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015An 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
in the Estate of Dempsey Johnson green
tex · 2021
1 sentence

2026“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

12026–2026
Miller v. Miller green
tex · 1951
2 sentences

1983Miller v. Miller, 149 Tex. 543 , 235 S.W.2d 624 (1951).

1983Miller v. Miller, 149 Tex. 543 , 235 S.W.2d 624 (1951).

11983–1983

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