Homer and Edna Jones, husband and wife, executed a joint will that provided, “ We will and give to our survivor, whether it be Homer Jones or Edna Jones, all property and estate of which the first of us that dies may be seized and possessed. If we should both die in a common catastrophe, or on the death of our survivor, we will and give all property and estate then remaining to our children, Leonida Jones Eschman, daughter, Sylvia Marie Jones, daughter, and Grady V. Jones, son, share and share alike.”
When Homer died 18 years later, Edna Jones received his entire estate under the will. Two years later, Edna executed a new will that left a substantially larger portion of the estate to her daughter, Sylvia Marie Jones, than to the other two children. Edna Jones died in 1982. Edna’s daughter introduced her mother’s will for probate. The other two children introduced the earlier joint will for probate. Did Edna act ethically in this case? Who wins? Jones v. Jones, 718 S. W. 2d 416, 1986 Tex. App. Lexis 8929 (Court of Appeals of Texas)