Vaughn v. Gunter

Texas Supreme Court

Vaughn v. Gunter

461 S.W.2d 599, 14 Tex. Sup. Ct. J. 151, 1970 Tex. LEXIS 310

Texas Supreme Court·Decided December 31, 1970·No. B-2393·Published·Cited by 19 cases

Opinion

PER CURIAM.

The court of civil appeals has said (458 S.W.2d 523) that the question in the appeal is “whether Gary William Vaughn, the adopted child of G. H. Vaughn, Jr., is entitled to share in the remainder-class gift to ‘children’ within the meaning of that term as used in the trust instruments.” We approve the holding of the court of civil appeals that under the 1951 amendment of Section 9 of Article 46a, Vernon’s Ann.Tex. Civ.St., in' the absence of words indicating a contrary intention the unqualified words “children” and “child” include an adopted child. The application for writ of error was refused, no reversible error; the motion for rehearing is overruled.

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PER CURIAM.

The court of civil appeals has said (458 S.W.2d 523) that the question in the appeal is “whether Gary William Vaughn, the adopted child of G. H. Vaughn, Jr., is entitled to share in the remainder-class gift to ‘children’ within the meaning of that term as used in the trust instruments.” We approve the holding of the court of civil appeals that under the 1951 amendment of Section 9 of Article 46a, Vernon’s Ann.Tex. Civ.St., in' the absence of words indicating a contrary intention the unqualified words “children” and “child” include an adopted child. The application for writ of error was refused, no reversible error; the motion for rehearing is overruled.

Vaughn v. Gunter, 461 S.W.2d 599, 14 Tex. Sup. Ct. J. 151, 1970 Tex. LEXIS 310 (Tex. 1970).

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Opinion

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