Calloway v. Estate of Gasser

In Calloway v. Estate of Gasser, 558 S.W.2d 571, 573 (Tex. Civ. App.--Tyler 1977, writ ref'd n.r.e.), the will named the testatrix's then-husband in the residuary clause, then provided alternate bequests "If my said husband does not survive me. . . ." The parties divorced before the testatrix's death. Id. at 572-73. Section 69 prohibited the former husband from taking under the will, but the court construed the will as though the divorced husband had predeceased the testatrix, satisfying the condition precedent and passing the estate to the contingent beneficiaries. Id. at 576.