In re Estate of Davis

OPINION

McCLOUD, Chief Justice.

This is a will contest. The question presented is whether estoppel due to the acceptance of benefits under a will must be specifically pleaded as an affirmative defense under TEX.R.CIV.P. 94. We hold that it must be pleaded. Consequently, we reverse and remand the trial court’s order of dismissal.

Arlie E. Davis, Sr., died on November 25, 1992. Laura Beth Booher, one of the decedent’s granddaughters and the appellee in this case, offered for probate a will the deceased had executed on December 7, 1990. The will bequeathed the sum of $50,000 each to Barbara Bernice…