Kelley v. Marlin

I respectfully dissent. Of course, the single most important factor in construing a will is the testator’s intent. However, that intent cannot be given effect if it is in contravention of established law or public policy. Frame v. Whitaker, 36 S.W.2d 149, 120 Tex. 53 (1931). Thus, the question presented to this court is not only whether Paul Drummet intended to benefit Marlin by the so called “Marlin Provision” of his will, but whether he could do so in the manner under review within the present probate laws of this State. I would hold that the Marlin provision is invalid and deny Marlin’s…