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Estate of McGrew – Case Brief Summary (Texas)

In Estate of McGrew, 906 S.W.2d 53 (Tex. App.--Tyler 1995, writ denied), the trial court admitted a will to probate after a request was made by the Gibsons, who were subsequent purchasers of property.

The McGrew appellants argued that the trial court erred in admitting the will to probate because the will beneficiary had waived her rights by not timely admitting it to probate. Id.

The Tyler court held "the issue of whether Kathleen McGrew was in default in failing to present the will for probate, or whether she waived her rights under the will is not applicable since the will was probated as a muniment of title. When probating a will for the purpose of establishing a link in a chain of title, 'only the default of the party applying for probate of the will is in issue.'" Id.

The default of one proponent does not cut off the right of another proponent, not in default, to probate the will as a muniment of title. Id.

In McGrew, the court found that the Gibsons had provided justification for the delay. Id. at 55. They did not acquire the property until ten years later and had no knowledge that someone claimed an interest in the property. Id.