Reynolds v. Estate of Benefield

OPINION

SUSAN LARSEN, Justice.

This appeal concerns the will of Jewel LaRay Benefield, and the imposition of a constructive trust upon her estate to benefit the nieces and nephews of her late husband. Benefield’s son, Kenneth Reynolds, appeals. Finding legally insufficient evidence to sustain the jury’s finding of contractual mutual wills, we reverse and render judgment that the 1997 will of Jewel LaRay Benefield be probated, and letters testamentary issue accordingly.

FACTS

Jewel LaRay Benefield died on October II, 1997. Her husband, Jim Benefield, predeceased her by many years. After her…