Smith v. Christley

OPINION ON MOTION FOR REHEARING

PAUL PRESSLER, Justice.

The opinion of May 12, 1988 is withdrawn, and this opinion is substituted in its place.

Two appeals from the probate court are here under consideration. Cyril Smith, Jr. appeals from the part of the judgment in favor of his sister, Barbara Smith Christ-ley. Leasing Associates and James R. Foutch appeal from that part of the judgment in their favor against Cyril Smith, Jr. which granted less relief than they sought.

Martha Reeve Smith left all her property to her husband, Cyril Smith, Sr. He disclaimed his interest in her estate and it passed…