In Re Est. of Nash, 220 S.W.3d 914 (Tex. 2007). · Go Syfert
In Re Est. of Nash, 220 S.W.3d 914 (Tex. 2007). Cases Citing This Book View Copy Cite
“while we recognize that we should avoid, when possible, treating statutory language as surplusage, . . . there are times when redundancies are precisely what the legislature intended.”
203 citation events (203 in the last 25 years) across 9 distinct courts.
Strongest positive: Waller County, Texas v. Ken Paxton, Texas Attorney General (texapp, 2022-08-17) · Strongest negative: Hunt County Community Supervision and Corrections Department v. Christina Gaston (texapp, 2014-09-19)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" Hunt County Community Supervision and Corrections Department v. Christina Gaston (3×) also: Cited as authority (rule)
Tex. App. · 2014 · signal: but cf. · confidence high
See Tex. Gov’t Code § 311.021(2) (presumption that “the entire statute is intended to be effective”); City of San Antonio v. City of Boerne, 111 S.W.3d 22, 29 (Tex. 2003) (declining to read statute in way that would render some parts superfluous); but cf. In re Estate of Nash, 220 S.W.3d 914, 917-18 (Tex. 2007) (“While we recognize that we should avoid, when possible, treating statutory language as surplusage, there are times when redundancies are precisely what the Legislature intended . . . ‘out of an abundance of caution, for emphasis, or both.’” (quoting In re City of George…
discussed Cited "but see" Hunt County Community Supervision and Corrections Department v. Christina Gaston
Tex. App. · 2014 · signal: but cf. · confidence high
See Tex. Gov’t Code § 311.021(2) (presumption that “the entire statute is intended to be effective”); City of San Antonio v. City of Boerne, 111 S.W.3d 22, 29 (Tex. 2003) (declining to read statute in way that would render some parts superfluous); but cf. In re Estate of Nash, 220 S.W.3d 914, 917-18 (Tex. 2007) (“While we recognize that we should avoid, when possible, treating statutory language as surplusage, there are times when redundancies are precisely what the Legislature intended . . . ‘out of an abundance of caution, for emphasis, or both.’” (quoting In re City of George…
discussed Cited "but see" Stanley Shook// Terry Walden and Joy Walden v. Terry Walden and Joy Walden// Stanley Shook, Patrick Jaehne and S&J Endeavors, L.L.C.
Tex. App. · 2012 · signal: but cf. · confidence high
While it is true that we are generally to presume that statutory language is not superfluous or redundant, see City of San Antonio v. City of Boerne , 111 S.W.3d 22, 29 (Tex. 2003) ("It is an elementary rule of construction that, when possible to do so, effect must be given to every sentence, clause, and word of a statute so that no part thereof be rendered superfluous."); but cf. In re Nash , 220 S.W.3d 914, 917-18 (Tex. 2007) (noting that "there are times when redundancies are precisely what the Legislature intended"), the 2011 amendment had legal effect beyond mandating what we have conclud…
discussed Cited "but see" Stanley Shook// Terry Walden and Joy Walden v. Terry Walden and Joy Walden// Stanley Shook, Patrick Jaehne and S&J Endeavors, L.L.C. (2×)
Tex. App. · 2012 · signal: but cf. · confidence high
While it is true that we are generally to presume that statutory language is not superfluous or redundant, see City of San Antonio v. City of Boerne, 111 S.W.3d 22, 29 (Tex.2003) ("It is an elementary rule of construction that, when possible to do so, effect must be given to every sentence, clause, and word of a statute so that no part thereof be rendered superfluous.”); but cf. In re Nash, 220 S.W.3d 914, 917-18 (Tex.2007) (noting that "there are times when redundancies are precisely what the Legislature intended”), the 2011 amendment had legal effect beyond mandating what we have conclud…
discussed Cited as authority (verbatim quote) txsd 2026
S.D. Tex. · 2026 · quote attribution · 1 verbatim quote · confidence high
if a statute is clear and unambiguous, apply its words according to their common meaning without resort to rules of construction or extrinsic aids.
discussed Cited as authority (verbatim quote) Waller County, Texas v. Ken Paxton, Texas Attorney General
Tex. App. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
if a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids.
discussed Cited as authority (verbatim quote) in Re Breviloba, Llc
Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
here are times when redundancies are precisely what the legislature intended . . . .
discussed Cited as authority (verbatim quote) Gloria Garcia v. Genesis Crude Oil L.P.
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
primary objective is to determine the legislature's intent which, when possible, we discern from the plain meaning of the words chosen
examined Cited as authority (verbatim quote) Entergy Gulf States, Inc. v. Summers (4×) also: Cited as authority (rule)
Tex. · 2009 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
if a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aides.
discussed Cited as authority (quoted) Marsh v. Mayer
Ariz. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence low
here are times when redundancies are precisely what the legislature intended
discussed Cited as authority (quoted) texapp 2014
Tex. App. · 2014 · quote attribution · 1 verbatim quote · confidence low
while we recognize that we should avoid, when possible, treating statutory language as surplusage, . . . there are times when redundancies are precisely what the legislature intended.
discussed Cited as authority (rule) City of San Antonio v. Nadine Realme
Tex. · 2026 · confidence medium
“When construing a statute, our primary objective is to determine the Legislature’s intent which, when possible, we discern from the plain meaning of the words chosen.” In re Est. of Nash, 220 S.W.3d 914, 917 (Tex. 2007); see Brown v. City of Houston, 660 S.W.3d 739 , 752 (Tex. 2023).
discussed Cited as authority (rule) AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Commission on Environmental Quality; And Jonah Water Special Utility District v. City of Georgetown, Texas
txctapp15 · 2025 · confidence medium
“When construing a statute, our primary objective is to determine the Legislature’s intent which, when possible, we discern from the plain meaning of the words chosen.” Mosaic Baybrook One, L.P. v. Simien, 674 S.W.3d 234 , 253 (Tex. 2023) (quoting In re Est. of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) OWL Assetco I v. EOG Resources
unknown court · 2025 · confidence medium
In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
cited Cited as authority (rule) OWL Assetco I v. EOG Resources
unknown court · 2025 · confidence medium
In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
discussed Cited as authority (rule) Charter Communications v. Prewitt Management
5th Cir. · 2025 · confidence medium
Co., 998 S.W.2d 212, 217 (Tex. 1999), may we “resort to rules of construction or extrinsic aids.” Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 437 (Tex. 2009) (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
discussed Cited as authority (rule) Texas Medical Board v. Grayce Yannuzzi
Tex. App. · 2025 · confidence medium
“When construing a statute, our primary objective is to determine the Legislature’s intent which, when possible, we discern from the plain meaning of the words chosen.” Mosaic Baybrook One, L.P. v. Simien, 674 S.W.3d 234 , 253 (Tex. 2023) (quoting In re Est. of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
discussed Cited as authority (rule) Anthony Nguyen, O.D. v. Texas Optometry Board
Tex. App. · 2025 · confidence medium
“When construing a statute, our primary objective is to determine the Legislature’s intent which, when possible, we discern from the plain meaning of the words chosen.” Mosaic Baybrook One, L.P. v. Simien, 674 S.W.3d 234 , 253 (Tex. 2023) (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
discussed Cited as authority (rule) Yomeida Perez Longoria, Individually and as Next Friend of Merina Longoria and K.L., a Minor and as Representative of the Estate of J.S.C., Minor, Emmanuel Guerra, and Robert Cardenas v. 7-Eleven, Inc.
Tex. App. · 2025 · confidence medium
Only when those words are ambiguous do we “resort to rules of construction or extrinsic aids.” In re Estate of Nash, 220 S.W.3d 914, 917 (Tex.2007) (citing Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864 , 865–66 (Tex. 1999)).
cited Cited as authority (rule) In Re Southwestern Motor Transport, Inc. and Jeremy Tremaine Parson v. the State of Texas
Tex. App. · 2024 · confidence medium
“Only when those words are ambiguous, do we ‘resort to rules of construction or extrinsic aids.’” Id. (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)). 7 B.
discussed Cited as authority (rule) The State of Texas v. Three Thousand, Seven Hundred Seventy-Four Dollars, and Twenty-Eight Cents U.S. Currency ($3,774.28)
Tex. App. · 2024 · confidence medium
Only when those words are ambiguous do we “resort to rules of construction or extrinsic aids.” Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 437 (Tex. 2009) (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
discussed Cited as authority (rule) Barrett Firearms Manufacturing, Inc., Barrett Firearms USA, Inc., and Federal Cartridge Company v. Xavier Flores
Tex. App. · 2023 · confidence medium
“If a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids.” Id. at 556 (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)) (internal quotation marks omitted).
cited Cited as authority (rule) in the Interest of I.A.F., a Child
Tex. App. · 2022 · confidence medium
Co., 642 S.W.3d 551 , 557 (Tex. 2022) (quoting In re Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) in the Interest of I.A.F., a Child
Tex. App. · 2022 · confidence medium
Co., 642 S.W.3d 551 , 557 (Tex. 2022) (quoting In re Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) in the Interest OF B.L.Z.P., J.D, Jr., and J.D., Children
Tex. App. · 2022 · confidence medium
Co., 642 S.W.3d 551 , 557 (Tex. 2022) (quoting In re Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) City of Denton v. Michael Grim and Jim Maynard
Tex. App. · 2022 · confidence medium
Co., 642 S.W.3d 551 , 557 (Tex. 2022) (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
discussed Cited as authority (rule) University of Houston System v. Ground Texas Construction, Inc.
Tex. App. · 2022 · confidence medium
“If a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids.” Maxim Crane Works, L.P., 2022 WL 627829 , at *5 (citing In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)); see Health Presbyterian Hosp. of Denton v. D.A., 569 S.W.3d 126, 136 (Tex. 2018) (“A statute’s unambiguous language is the surest guide to the Legislature’s intent because the Legislature expresses its intent by the words it enacts and declares to be law.”) (internal citations and quotation marks omitted).
cited Cited as authority (rule) Whole Woman's Health v. Judge Austin Reeve Jackson Penny Clarkston Mark Lee Dickson Stephen Brint Carlton Katherine A. Thomas Cecile Erwin Young Allison Vordenbaumen Benz Ken Paxton
Tex. · 2022 · confidence medium
In short, as we have observed, “there are times when redundancies are precisely what the Legislature intended.” In re Est. of Nash, 220 S.W.3d 914, 918 (Tex. 2007).
cited Cited as authority (rule) Whole Woman's Health v. Judge Austin Reeve Jackson Penny Clarkston Mark Lee Dickson Stephen Brint Carlton Katherine A. Thomas Cecile Erwin Young Allison Vordenbaumen Benz Ken Paxton
Tex. · 2022 · confidence medium
In short, as we have observed, “there are times when redundancies are precisely what the Legislature intended.” In re Est. of Nash, 220 S.W.3d 914, 918 (Tex. 2007).
discussed Cited as authority (rule) Maxim Crane Works, L.P. v. Zurich American Insurance Company
Tex. · 2022 · confidence medium
“When construing a statute, our primary objective is to determine the Legislature’s intent which, when possible, we discern from the plain meaning of the words chosen.” In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007); see also City of LaPorte v. Barfield, 898 S.W.2d 288, 292 (Tex. 1995) (“Legislative intent remains the polestar of statutory construction.”).
cited Cited as authority (rule) Employees Retirement System of Texas v. Martin Lowy
Tex. App. · 2021 · confidence medium
If the language chosen by the legislature is ambiguous, we then “resort to rules of construction or extrinsic aids.” Id. (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) Delta County Appraisal District v. PPF Gin & Warehouse, LLC
Tex. App. · 2021 · confidence medium
“Only when those words are ambiguous will we ‘resort to rules of construction or extrinsic aids.’” Id. (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
discussed Cited as authority (rule) in the Interest of J.F.-g., a Child
Tex. · 2021 · confidence medium
Unless such crimes result in Father’s imprisonment “for not less than two years from the date of filing the [termination] petition,” his mere absence caused by incarceration cannot, standing alone, amount to “endanger[ment]” under subsection (E), unless (Q) is to be treated as redundant. “[T]here are times when redundancies are precisely what the Legislature intended.” In re Estate of Nash, 220 S.W.3d 914, 918 (Tex. 2007).
cited Cited as authority (rule) Kilgore ISD v. Sheila Anderson
Tex. App. · 2020 · confidence medium
“Only when those words are ambiguous do we ‘resort to rules of construction or extrinsic aids.’” Id. (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) in the Interest of S.M., E.M., A.M., and T.M., Children
Tex. App. · 2020 · confidence medium
Only when those words are ambiguous does an appellate court “resort to rules of construction or extrinsic aids.” In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
discussed Cited as authority (rule) Phi, Inc. v. Texas Juvenile Justice Department F/K/A Texas Youth Commission
Tex. · 2019 · confidence medium
“If a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids.” In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
cited Cited as authority (rule) Kilgore Independent School District v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas
Tex. App. · 2019 · confidence medium
“Only when those words are ambiguous do we ‘resort to rules of construction or extrinsic aids.’” Id. (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007)).
cited Cited as authority (rule) in Re the Estate of Maggie Williams Turner
Tex. App. · 2017 · confidence medium
Only when those words are ambiguous do we “resort to rules of construction or extrinsic aids.” In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
cited Cited as authority (rule) Advanced Powder Solutions, Inc. v. Harris County Appraisal District
Tex. App. · 2017 · confidence medium
In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
discussed Cited as authority (rule) Kueber v. City of San Antonio
W.D. Tex. · 2016 · confidence medium
The Texas Supreme Court has held “[ojnly when those words are ambiguous do we ‘resort to rules of construction or extrinsic aids.’” Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 437 (Tex.2009) (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex.2007)).
cited Cited as authority (rule) TIC Energy & Chemical, Inc. v. Martin
Tex. · 2016 · confidence medium
In re Estate of Nash, 220 S.W.3d 914, 918 (Tex.2007). .
discussed Cited as authority (rule) Philadelphia Indemnity Insurance Company, A/S/O Mirsan, L.P., D/B/A Sienna Ridge Apartments v. Carmen A. White (2×)
Tex. · 2016 · signal: cf. · confidence medium
Cf. In re Estate of Nash, 220 S.W.3d 914, 917-18 (Tex. 2007) (“[W]e should avoid, when possible, treating statutory language as surplusage, [but] there are times when redundancies are precisely what the Legislature intended.” (internal citation omitted)).
discussed Cited as authority (rule) Marsh v. Coles
Ariz. Ct. App. · 2015 · confidence medium
Bank v. Germain, 503 U.S. 249, 253 , 112 S.Ct. 1146, 1149 , 117 L.Ed.2d 391 (1992) (“Redundancies across statutes are not unusual events in drafting, and so long as there is no ‘positive repugnancy’ between two laws, ... a court must give effect to both.”); In re Estate of Nash, 220 S.W.3d 914, 917-18 (Tex. 2007) (“[Tjhere are times when redundancies are precisely what the Legislature intended[.]”).
discussed Cited as authority (rule) Theaola Robinson v. KTRK Television, Inc.
Tex. App. · 2015 · confidence medium
Therefore, "the words [the Legislature] chooses should be the surest guide to legislative intent." Id., citing Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 866 (Tex. 1999). "lf a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids." ln re Estate of Nash, 220 S. W. 3d 914, 917 (Tex. 2007).
cited Cited as authority (rule) Tom Benson v. State
Tex. App. · 2015 · confidence medium
Only when the statutory text is ambiguous do we “ ‘resort to rules of construction or extrinsic aids.’ ” Id. (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex.2007)).
discussed Cited as authority (rule) Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
No claim to original U.S. Government Works. 7 Texas Bd. of Chiropractic Examiners v. Texas Medical Ass'n, 375 S.W.3d 464 (2012) ambiguous—i.e., susceptible to more than one reasonable interpretation—“do we ‘resort to rules of construction or extrinsic aids.’ ” See Entergy Gulf States, Inc., 282 S.W.3d at 437 (quoting In re Estate of Nash, 220 S.W.3d 914, 917 (Tex.2007)).
cited Cited as authority (rule) League City v. Texas Windstorm Insurance Association
Tex. App. · 2015 · confidence medium
Laws 5180 , 5205. 47367_1 38 its words according to their common meaning without resort to rules of construction or extrinsic aids.” In re Estate of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
discussed Cited as authority (rule) Mary Louise Serafine v. Alexander Blunt and Ashley Blunt (2×)
Tex. App. · 2015 · confidence medium
In re Estate of Nash, 220 S.W.3d 914, 918 (Tex.2007) (citing In re City of Georgetown, 53 S.W.3d 328, 336 (Tex.2001) ("The only reasonable explanations for the redundancies ... is that the Legislature repeated itself out of an abundance of caution, for emphasis, or both.”)). .
discussed Cited as authority (rule) Greater Houston Partnership v. Ken Paxton, Texas Attorney General And Jim Jenkins
Tex. · 2015 · confidence medium
While we generally attempt to avoid treating statutory language as surplusage, “there are times when redundancies are precisely what the Legislature 24 intended.” In re Estate of Nash, 220 S.W.3d 914, 917-18 (Tex. 2007); see also In re City of Georgetown, 53 S.W.3d 328, 336 (Tex. 2001) (noting that statutory redundancies may mean that “the Legislature repeated itself out of an abundance of caution, for emphasis, or both”).
discussed Cited as authority (rule) Greater Houston Partnership v. Ken Paxton, Texas Attorney General And Jim Jenkins
Tex. · 2015 · confidence medium
While we generally attempt to avoid treating statutory language as surplusage, “there are times when redundancies are precisely what the Legislature intended.” In re Estate of Nash, 220 S.W.3d 914, 917-18 (Tex.2007); see also In re City of Georgetown, 53 S.W.3d 328, 336 (Tex.2001) (noting that statutory redundancies may mean that “the Legislature repeated itself out of an abundance of caution, for emphasis, or both”).
In Re ESTATE OF Marvin NASH, Deceased
05-0538.
Texas Supreme Court.
Apr 20, 2007.
220 S.W.3d 914
John W. Tunnell, Tunnell & Cox, L.L.P., Lufkin, TX, for Petitioner., Thomas W. Deaton, Deaton Law Firm, Lufkin, TX, for Respondents.
Jefferson.
Cited by 169 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: Court of Appeals of Arizona (1) · Court of Appeals of Texas (1)
Chief Justice JEFFERSON

delivered the opinion of the Court.

While death is certain, divorce is not. In this case, the testator anticipated the former but did not prepare for the latter. His will- — executed while he was married and designating his then-spouse as primary beneficiary — remained unchanged when he died, notwithstanding his divorce some two years earlier. The Legislature addressed devises in favor of former spouses by enacting Probate Code section 69, which provides that if a testator divorces after executing a will, provisions that favor the former spouse must be read as if the former spouse predeceased the testator. The question presented here is whether a contingent bequest to the testator’s former stepdaughter is a provision favoring his former spouse. We conclude it is not and affirm the court of appeals’ judgment.

I

Background

Marvin and Vicki Nash were married at the time he executed his will in 1994.[*916] Vicki was named the primary beneficiary, and Shelley Tedder (Vicki’s daughter and Nash’s then-stepdaughter) was named contingent beneficiary. The relevant provisions of Nash’s will are set out below: Disposition of Residue

I give, devise and bequeath all of the rest and residue of my estate, of every kind and character, real, personal and mixed, but not including any property over which I have a power of appointment, unto my beloved wife, VICKI LYNN NASH, in fee simple forever, if she survives me by thirty (30) days.

First Alternate Disposition of Residue

In the event that my wife and I die at the same time or in the event that she does not survive me by thirty (30) days or in the event that my wife should predecease me, then and in either of these events, I give, devise and bequeath all of the rest and residue of my estate, of every kind and character, real, personal and mixed, but not including any property over which I have a power of appointment unto my beloved stepchild, SHELLEY RENE TEDDER.

Marvin and Vicki Nash divorced on July 8, 2002. When Nash died on April 29, 2004, he had made no changes to the will he executed some ten years earlier. Both Vicki Nash and Shelley Tedder survived Marvin Nash.

Nash’s nephew, Russell Nash, filed an application for independent administration, stating that Marvin died intestate and providing the names of Marvin’s two other heirs at law: Marvin’s brother, Leroy Nash; and Marvin’s mother, Pat Nash. [1] The application stated that Nash and Vicki were divorced at the time of Nash’s death, that Nash never adopted Tedder, and that the trial court should therefore partition Nash’s estate among his heirs.

On May 25, 2004, the trial court granted Russell’s application and ordered the clerk to issue letters of independent administration to Russell. Two days later, Tedder opposed Russell’s application and sought to probate Nash’s will herself. Tedder claimed that Nash left a valid will that had never been revoked and that she, as the contingent beneficiary, was the alternate independent executrix. After a hearing, the trial court stayed the letters of administration. Russell, Pat, and Leroy Nash opposed the probate of Nash’s will and sought a declaratory judgment that Ted-der take nothing. The trial court admitted Nash’s will to probate, issued letters testamentary to Tedder, and declared that Ted-der was entitled to Nash’s entire estate. [2] Pat and Leroy Nash appealed. The court of appeals reversed the trial court’s judgment in part, holding that Marvin Nash’s estate descends to his heirs at law because the requisite condition precedent for Shelley Tedder to inherit under Nash’s will never occurred. 164 S.W.3d 856, 857. We granted Tedder’s petition for review. 49 Tex. Sup.Ct. J. 509 (Apr. 21, 2006).

II

Discussion

Before 1997, Probate Code section 69(a) provided:

(a) If, after making a will, the testator is divorced or the testator’s marriage is annulled, all provisions in the will in favor of the testator’s former spouse, or appointing such spouse to any fiduciary[*917] capacity under the will or with respect to the estate or person of the testator’s children, shall be null and void and of no effect unless the will expressly provides otherwise.

Act of May 24, 1995, 74th Leg., R.S., ch. 642, § 2, 1995 Tex. Gen. Laws 8516, 8516, amended by Act of May 22, 1997, 75th Leg., R. S., ch. 1302, § 5, 1997 Tex. Gen. Laws 4954, 4955-56. In 1997, the Legislature added the phrase “must be read as if the former spouse failed to survive the testator,” so that the statute now provides, in relevant part:

(a) If, after making a will, the testator is divorced or the testator’s marriage is annulled, all provisions in the will in favor of the testator’s former spouse, or appointing such spouse to any fiduciary capacity under the will or with respect to the estate or person of the testator’s children, must be read as if the former spouse failed to survive the testator, and shall be null and void and of no effect unless the will expressly provides otherwise.

Tex. Prob.Code § 69(a) (emphasis added); Act of May 22, 1997, 75th Leg., R.S., ch. 1302, § 5, 1997 Tex. Gen. Laws 4954, 4955-56.

Tedder contends that the Legislature’s 1997 amendments govern all contingent bequests; that is, that the entire will should be read “as if the former spouse failed to survive the testator.” She argues that, absent such a construction, the 1997 language adds nothing to the statute, which already provided that bequests in favor of a former spouse would be “null and void and of no effect.” She also points to Calloway v. Estate of Gasser, 558 S.W.2d 571, 575-76 (Tex.Civ.App.-Tyler 1977, writ refd n.r.e.), in which the court held that, after divorce, the will should be construed and given effect as though the former spouse had predeceased the testatrix, “thereby passing the decedent’s estate to the contingent beneficiaries.” Ted-der argues that the Legislature’s 1997 amendments were intended to codify Cal-loway.

The Nashes contend that section 69 applies only to provisions that favor the former spouse. Because the contingent bequest to Tedder does not favor Marvin Nash’s former spouse, the will must be construed as written. Vicki Nash did not predecease Marvin, so the contingent bequest did not become operative, and the estate passes to Marvin Nash’s heirs at law.

We agree with the Nashes. When construing a statute, our primary objective is to determine the Legislature’s intent which, when possible, we discern from the plain meaning of the words chosen. State v. Shumake, 199 S.W.3d 279, 284 (Tex.2006); City of San Antonio v. City of Boerne, 111 S.W.3d 22, 25 (Tex.2003). If a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids. Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex.1999).

The language of the pre-1997 versions of section 69 was clear despite the more recent phrase added by the Legislature: those provisions in a will that favor a former spouse are of no effect. See, e.g., Smith v. Smith, 519 S.W.2d 152, 154 (Tex.Civ.App.-Dallas 1975, writ ref'd) (stating that section 69’s policy objective is to give effect to the testator’s intentions regarding the disposition of his property). The 1997 language — -“must be read as if the former spouse failed to survive the testator”— does nothing more than restate the “null and void and of no effect” statutory text. Tex. PROb.Code § 69(a). While we recognize that we should avoid, when possible,[*918] treating statutory language as surplusage, Sultan v. Mathew, 178 S.W.3d 747, 751 (Tex.2005), there are times when redundancies are precisely what the Legislature intended, see In re City of Georgetown, 53 S.W.3d 328, 336 (Tex.2001) (noting that statutory redundancies may mean that “the Legislature repeated itself out of an abundance of caution, for emphasis, or both”).

Our interpretation of section 69 is consistent with the manner in which the courts of appeals interpreted section 69 prior to the 1997 amendments. The Houston and Eastland courts held that contingent bequests (similar to the one at issue here) failed when the former spouse had not actually predeceased the testator, despite section 69. See McFarlen v. McFarlen, 536 S.W.2d 590, 591-92 (Tex.Civ.App.-Eastland 1976, no writ) (noting that “[s]ection 69 ... merely provides that provisions in a will favoring the testator’s divorced spouse are a nullity, not the entire will”); Volkmer v. Chase, 354 S.W.2d 611, 615 (Tex.Civ.App.-Houston 1962, writ refd n.r.e.) (holding that contingent bequest in favor of two of testator’s three children failed because contingency — that former spouse predecease testator — had not occurred). Similarly, in Formby v. Bradley, 695 S.W.2d 782, 783-84 (Tex.App.-Tyler 1985, writ refd n.r.e.), the Tyler court of appeals held that section 69 did not trigger a contingency based on the simultaneous death of the testator and his former spouse, so that the appellee (a third party) was not entitled to serve as independent executrix. And though in Calloway, the Tyler court of appeals held that section 69 allowed the estate in question to pass to the named contingent beneficiaries in the will, the court was careful to distinguish its holding from both Volkmer and McFarlen on the case’s facts. Calloway, 558 S.W.2d at 576-77. [3] While Tedder asserts that the 1997 amendments were intended to codify Calloway, it is difficult to imagine the Legislature would have waited twenty years to incorporate that holding. As the court of appeals noted, “[t]he Legislature could have revised the Probate Code to require that the entire will be read as though the former spouse had predeceased the testator, but it did not do so.” 164 S.W.3d at 860 (emphasis omitted).

Because section 69 affects only those provisions in a will that favor the divorced spouse, the other provisions remain undisturbed. Here, Nash’s will devised all of his property to his (now divorced) wife, unless: (1) they died at the same time; (2) she failed to survive him by thirty days; or (3) she predeceased him. Only then would Nash’s property pass to Vicki’s daughter, Shelley Tedder. None of those three contingencies has occurred.

Ill

Conclusion

Probate Code section 69 requires that only those provisions in a will that favor a former spouse be read as if she predeceased the testator. The contingent bequest to Tedder is not such a provision, and section 69’s language does not govern that bequest. Accordingly, Tedder does not take under the will, and Nash’s estate passes according to the laws of descent and distribution. See Tex. PROB.Code ch. 2. We affirm the court of appeals’ judgment. Tex.R.App. P. 60.2(a).

1

. Both Pat and Leroy Nash waived their right to be appointed administrators of Marvin’s estate and requested that Russell Nash be appointed as independent administrator.

2

. The trial court found that, although a new will had been prepared for Marvin Nash in 2003, he did not execute it before he died.

3

. The court of appeals noted "a considerable difference between the wording of the wills in those two cases and the wording of the will in the instant case.” Calloway, 558 S.W.2d at 576-77.