Smith v. Smith

OPINION

Opinion by Justice RODRIGUEZ.

This is a trespass to try title and breach of contract case filed by Carol S. Smith, appellant, against her brother, Farrell M. Smith, appellee. On appeal, appellant generally contends the trial court erred in concluding her breach of contract claim was defeated by substantial performance and by estoppel. 2 We affirm.

I. Background

The parties’ father, Farrell D. Smith, left a will devising property to his wife, Mavis V. Smith. Appellee contested his father’s will. On April 1, 1996, appellee and his mother entered into a settlement agreement concerning the…