Legal Opinion · Dissent

Moss v. Gibbs

Texas Supreme Court

Decided July 31, 1963No. A-9497Published

1DissentSmith, Justice

This is a “special community property” case. The controlling question is whether the courts are going to give to the wife the contractual power necessary to effectuate her power to manage the special community estate? It has been held that the wife does have the power to manage certain revenues derived from her separate estate. Therefore, it should follow that she has the power to manage her personal earnings to the extent of investing such earnings which are a part of the special community estate without fear of having such property subjected to the payment of the husband’s debts. It is my…

2Cases cited6 opinions

  1. Stephens v. StephensCourt of Appeals of Texas · 1927
  2. Norris v. VaughanTexas Supreme Court · 1953
  3. Hawkins v. Britton State BankTexas Supreme Court · 1932
  4. Strickland v. WesterTexas Supreme Court · 1938
  5. Bearden v. KnightTexas Supreme Court · 1950

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