Lack v. Lack

AKIN, Justice.

This appeal from a summary judgment concerns a controversy between appellant, the divorced wife of a deceased fireman, and appellee, the widow of the fireman, over death benefits payable from the City of Dallas Pension Plan. The widow contends that she is entitled to the fireman’s death benefits under Tex.Rev.Civ. Stat.Ann. art. 6243a § 10 (Vernon Supp. 1977 — 1978). The divorced wife argues, *898however, that according to Texas community property law, she is entitled to a pro rata share of the death benefits resulting from the contributions of community funds made to the pension…