Legal Opinion · Dissent

Hunter v. Koisch

Court of Appeals of Texas

Decided October 11, 1990No. 09-89-148 CVPublished

1DissentBurgess, Justice

I respectfully dissent. The majority claims to have avoided interpreting the phrase “exclusive of adopted children” by holding the clause does not apply to appellant. The majority reasons the legislature did not intend to give adopted children preferential treatment. The majority states: “The confusion arises, however, in the provision, which at first reading appears to, for some unexplained reason, give only adopted children the prerogative of voiding the testator’s will. We agree that a reading of that provision would lead one to logically conclude this to be the intended purpose....”

The…

2Cases cited4 opinions

  1. Sam Bassett Lumber Co. v. City of HoustonTexas Supreme Court · 1947
  2. International Fidelity Insurance Co. of Newark v. Sheriff of Dallas CountyCourt of Appeals of Texas · 1972
  3. La Cour Du Roi, Inc. v. Montgomery CountyCourt of Appeals of Texas · 1985
  4. State v. HollingsworthCourt of Appeals of Texas · 1989

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