Badouh v. Hale

Rubylien Barber Badouh executed a will specifically bequeathing her home to her daughter, Elaine Badouh Hale. Elaine later pledged her expectancy in the property as security for a note to Charles B. Gor-ham. A few years later when Rubylien died and her will was admitted to probate, Edward Badouh, Jr., who held a judgment against Elaine, applied for a turnover order of Elaine’s interest in her mother’s estate. Elaine then filed a disclaimer of her entire interest in her mother’s estate. See Tex. Peob.Code § 37A. But property may not be disclaimed if it has been accepted. See id. § S7A(g).…