Holmes v. Holmes

OPINION

WILSON, Justice.

The issue before us in this divorce case is whether the realty involved was community property of the spouses so as to subject it to property division under the provisions of Art. 4638, Vernon’s Ann.Civ. St. The judgment vested fee simple title in the wife to an undivided one-fourth of this land, with a life estate in another one-fourth. No complaint is made as to the life estate or the granting of the divorce.

The mother and father of appellant husband executed a joint will in 1965. The land in question was their community property. The will provided that the survivor

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