In re Estate of Bean, 206 S.W.3d 749 (Tex. App.—Texarkana 2006, pet. denied).
Testatrix’s will devised “the eighty (80) acres I own in the J.
Bennett Survey” to Devisee. When Testatrix died, she owned two interests
potentially covered by this devise: a surface estate of 77.83 acres and
an undivided mineral estate of 85.1 acres. Both of these interests were
only partly contained within the Bennett Survey. A dispute arose whether
these interests passed to Devisee or to Remainder Beneficiaries.
In a lengthy and highly procedurally grounded opinion, the appellate
court determined that the devise unambiguously covered only the mineral
estate because later language in the devise referred to a gas well,
rather than a surface interest. Because the court determined the devise
to be unambiguous, extrinsic evidence could not be used to ascertain
Testatrix’s intent. Accordingly, Devisee received the mineral estate and
the surface estate passed to Remainder Beneficiaries.
Comment: The court’s conclusion that the devisee was open to only one
construction is problematic. In my opinion, the court easily could have
determined that the language referring to the gas well was not an
attempt on Testatrix’s part to limit the conveyance to the mineral
estate. The number of acres mentioned in the devise (80) is closer to
the true size of the surface interest (77.83) than the mineral estate
(85.1).
Moral: Specific gifts should be carefully and precisely described.
A dispute arose over the proper construction of Testatrix’s will. The
appellate court held that the trial court had jurisdiction to construe
the will even though the estate was being independently administered.
The court rejected the assertion that the court lacked jurisdiction
under Probate Code § 145(h) because the code does not “specifically and
explicitly” provide for a court to have jurisdiction over will
construction actions in an independent administration. “Where * * * the
meaning of the will itself is unclear, a court must invoke its
jurisdiction under Sections 5 and 5A of the Texas Probate Code to
determine the proper construction of the will. * * * Once the court
construes the will, the independent administrator may then faithfully
execute the will, free of judicial supervision, to effect distribution
of the estate.” Bean at 757-58.
Moral: A court may construe a will even if the administration is
independent.