Lieber v. Mercantile National Bank at Dallas

DIXON, Chief Justice.

This appeal calls for us to decide two questions: (1) Whether Viva E. Lieber, surviving widow of Leroy Lieber, is entitled to maintain a suit, either for “specific performance” or for damages, arising out of the alleged breach of an alleged oral ante-nuptial agreement; and (2) Whether Viva E. Lieber, as surviving widow, is entitled to an allowance of $5,000 in lieu of a homestead. There were other matters originally involved in the litigation, but we need be concerned only with the above named questions.

The trial court rendered judgment against Viva E. Lieber as to the…