Hunter v. Clark

OPINION

BUTTS, Justice.

The question on appeal is whether the surviving spouse waived his homestead rights to the separate property of his deceased wife. The court ruled in its construction of the premarital agreement that he did. The judgment of the trial court reflects the ruling that, as the result of the couple’s premarital agreement, the surviving spouse did waive his homestead rights to the real property. The plaintiff, the only child and devisee in his mother’s will, brought a declaratory judgment action, TEX.REV.CIV.STAT.ANN. art. 2524-1 (Vernon 1965), requesting the court to determine…