family settlement doctrine (Texas) · Go Syfert
← Texas issues

family settlement doctrine in Texas

11 Texas opinions name it 1 courts 1979–2021 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 (7)

CaseFollowedCited
Shepherd v. Ledfordgreen
tex · 1998 · cited in 3 Texas opinions naming this issue, 2007–2008
2 sentences

2008The term “family settlement agreement” refers to a specific type of settlement agreement; it is “an alternative method of administration in Texas that is a favorite of the law.” 17 The family settlement doctrine is based on “the general principle that the [devised] property belongs to the beneficiaries under the will and since they may, by transfers made immediately after the distribution, divide the property as they wish, there is no reason why they may not divide it by agreement before they receive it in the 16 … See In re Estate of Kappus, 242 S.W.3d at 190 . 17 … Shepherd v. Ledford, 962 S

2007“A family settlement agreement is an alternative method of administration in Texas that is a favorite of the law.” Shepherd v. Ledford, 962 S.W.2d 28, 32 (Tex.1998).

33
Fore v. McFaddengreen
texapp · 1925 · cited in 3 Texas opinions naming this issue, 1979–2005
2 sentences

2005Fore v. McFadden, 276 S.W. 327, 329 (Tex.Civ.App.-Texarkana 1925, writ dism’d).

2005Fore v. McFadden , 276 S.W. 327, 329 (Tex. Civ. App.—Texarkana 1925, writ dism'd).

33
Estate of Morrisgreen
texapp · 1979 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005See id. at 756-57 .

2005Id. at 756 .

22
In re Estate of Rieflergreen
texapp · 2017 · cited in 2 Texas opinions naming this issue, 2020–2021
2 sentences

2021Estate of Riefler, 540 S.W.3d at 635 ; In re Estate of Halbert, 172 S.W.3d at 200.

2020Estate of Riefler, 540 S.W.3d 626, 635 (Tex. App.—Amarillo 2017, no pet.); In re Estate of Halbert, 172 S.W.3d 194, 200 (Tex. App.—Texarkana 2005, pet. denied).

12
In Re Estate of Halbertgreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2017–2020
2 sentences

2020Estate of Riefler, 540 S.W.3d 626, 635 (Tex. App.—Amarillo 2017, no pet.); In re Estate of Halbert, 172 S.W.3d 194, 200 (Tex. App.—Texarkana 2005, pet. denied).

2017In re Estate of Halbert , 172 S.W.3d at 200 .

12
Estate of Hodges, Matter Ofgreen
texapp · 1986 · cited in 2 Texas opinions naming this issue, 1996–2017
2 sentences

2017Gas Pipeline Co. v. Law , 65 S.W.3d 121 , 126 (Tex. App.-Amarillo 2001, pet. denied) ; see also In re Estate of Hodges , 725 S.W.2d 265 , 267 (Tex. App.-Amarillo 1986, writ ref'd n.r.e.) ("Because the property became theirs instantly, the family settlement doctrine permitted the devisees to agree to divide the property as they wished without *635 having to wait until after distribution through formal administration").

1996Because the family settlement doctrine is “a favorite of the law” where a will exists, Hodges, 725 S.W.2d at 267 , we perceive no sound reason why it should not apply to cases where the deceased left no will and his estate vested in his heirs under section 37 of the Texas Probate Code.

12
Biddy v. Jonesgreen
texapp · 1971 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986In Biddy v. Jones, 475 S.W.2d 321, 323 (Tex. Civ.App. — Amarillo 1971, writ ref d n.r.e.), we held that an executor who has no interest in property devised under a will, other than his mere nomination as executor, does not have sufficient interest in the estate to be classified a “person interested”, Tex. Prob.

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 (3)

CaseCitedYears
Natural Gas Pipeline Co. of America v. Law green
texapp · 2001
1 sentence

2017Gas Pipeline Co. v. Law , 65 S.W.3d 121 , 126 (Tex. App.-Amarillo 2001, pet. denied) ; see also In re Estate of Hodges , 725 S.W.2d 265 , 267 (Tex. App.-Amarillo 1986, writ ref'd n.r.e.) ("Because the property became theirs instantly, the family settlement doctrine permitted the devisees to agree to divide the property as they wished without *635 having to wait until after distribution through formal administration").

12017–2017
In Re Estate of Kappus green
texapp · 2008
1 sentence

2008The term “family settlement agreement” refers to a specific type of settlement agreement; it is “an alternative method of administration in Texas that is a favorite of the law.” 17 The family settlement doctrine is based on “the general principle that the [devised] property belongs to the beneficiaries under the will and since they may, by transfers made immediately after the distribution, divide the property as they wish, there is no reason why they may not divide it by agreement before they receive it in the 16 … See In re Estate of Kappus, 242 S.W.3d at 190 . 17 … Shepherd v. Ledford, 962 S

12008–2008
Stringfellow v. Early green
texapp · 1897
2 sentences

1979The principle is that all of the decedent’s heirs and beneficiaries have the right to contract with reference to the property in lieu of probating the will, Stringfellow v. Early, supra, 15 Tex.Civ.App. 597 , 40 S.W. at 874 ; Fore v. McFadden, supra, at 329, i. e., the right to make a family settlement.

1979The principle is that all of the decedent’s heirs and beneficiaries have the right to contract with reference to the property in lieu of probating the will, Stringfellow v. Early, supra, 15 Tex.Civ.App. 597 , 40 S.W. at 874 ; Fore v. McFadden, supra, at 329, i. e., the right to make a family settlement.

11979–1979

Where else courts name it

TX 11 (1979–2021) NC 6 (1939–1962) IL 2 (1948–1949)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check