Smith v. Smith

OPINION

CADENA, Chief Justice.

This is a trespass to try title case primarily involving the doctrine of election as applied to a beneficiary who accepts benefits under a will which disposes of property belonging to the beneficiary.

After a jury trial, judgment was rendered awarding title to a 170.89 acre tract of land in Kimble County to plaintiffs, James E. Smith, Jr., Lineous O. Smith and Bessie Orson Smith, independent executrix of the estate of James E. Smith, Sr. De-. fendants, Blackstone L. Smith, Jr., and wife, Byrnell Smith, seek reversal of that judgment.

Plaintiffs claim title to the…