Hardy v. Bennefield

OPINION

JAMES T. WORTHEN, Chief Justice.

Mary Kay Hardy, as independent executrix of the estate of Willie Bue (Eppes) Byley, and Evelyn Byley Thornton appeal a summary judgment vesting the mineral estate in 184 acres of land in San Augustine County in Wesley Bennefield. Hardy and Thornton raise two issues attacking the summary judgment on appeal. We reverse and remand.

Background

The summary judgment evidence presented to the trial court showed the following facts. Hardy and Thornton’s mother, Byley, died testate on March 2, 2002. In her will, Byley left 184 acres of land in San Augustine County…