Linda Ferreira v. Douglas W. Butler and Debra L. Butler

A Texas statute provides that "a will may not be admitted to probate after the fourth anniversary of the testator's death unless ... the applicant for the probate of the will was not in default in failing to" probate the will within that period. In Faris v. Faris , we held that a devisee's default is imputed to his own devisee, though the latter is not himself in default. But the statute plainly states that it is the applicant who must be in default for limitations to run. We have never cited Faris , and today we overrule it. We vacate the lower courts' judgments and remand the case to the…