Ferreira v. Butler (Opinion)Annotate this Case
The Supreme Court overruled its decision in Faris v. Faris, 138 S.W.2d 830, 832 (Tex. App. 1940) ruling that a devisee's default is imputed to his own devisee, even where the latter is not in default, holding that Texas Estates Code 256.003(a) holding that the applicant for the probate of the will is in default in failing to timely probate the will.
Linda Ferreira, in her capacity as executor of her ex-husband Norman's estate, offered the will of Patricia Hill, whom Norman subsequently married, for probate nine years after Patricia's death. Douglas and Debra Butler, Patricia's intestate heirs, contested the probate of the will on the ground that it was barred by the four-year limitations period in section 256.003(a). The trial court granted summary judgment for the Butlers. The court of appeals affirmed, holding (1) Norman's default in probating Patricia's will applied to Linda, and (2) even if Linda had applied to probate the will in her individual capacity as a devisee of a devisee, Norman's default would bar her application under Faris. The Supreme Court disagreed, holding that, under section 256.003(a), when an applicant seeks late probate of a will in her individual capacity, only the applicant's conduct is relevant to determining whether she was not in default.