Perry v. Hinshaw

OPINION ON MOTION FOR REHEARING

We have considered Vera Perry’s motion for rehearing and overrule the same. Ms. Perry relies heavily upon the case of Jensen v. Cunningham, 596 S.W.2d 266 (Tex.Civ.App.—Corpus Christi 1980, no writ) for the proposition that the use of the word “surviving” in the disputed paragraph provides the uncertainty necessary to create a class gift. Our reading of Jensen is that the basis of the holding therein was the evidence of an overall testamentary scheme which was discernible by the use of contrasting language in differing paragraphs. Moreover, although the court in…