Knesek v. Witte

OPINION

JACK SMITH, Justice.

This is an appeal from a judgment, based on a jury verdict, construing a will. In one point of error, appellants maintain that they were entitled to judgment as a matter of law; appellees bring two cross-points.

Louise Witte (“Louise”) was married to Roland Hoffmann (“Hoffmann”) until his death in July, 1977. During their marriage, Louise owned an undivided ¼ interest in 44 acres of land, and Hoffmann owned the remaining undivided ¾ interest in the same property. In 1975, Louise and Hoffmann executed reciprocal wills. Each left all of his/her property to the other.…