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Stephens v. Beard, 485 S.W.3d 914, 59 Tex. Sup. Ct. J. 446

Facts

Vencie Beard shot and killed his wife Melba before taking his own life. Their wills included provisions for cash bequests in the event of a common disaster or if it was impossible to determine the order of their deaths. Melba died at 8:59 p.m. and Vencie at 10:55 p.m. on the same night. The independent executrix of their estates sought a declaration that the Beards did not die in a common disaster, but the trial court found otherwise.

It is undisputed that Melba died at 8:59 p.m. and Vencie died at 10:55 p.m. on the same night.

Issue

Did the Beards die in a 'common disaster' as defined in their wills?

Did the Beards die in a 'common disaster' as defined in their wills?

Rule

The phrase 'common disaster' is legally defined as an event causing two or more persons with related property interests to die at nearly the same time, with no way of determining the order of their deaths.

The phrase 'common disaster' has a well-recognized legal meaning: '[a]n event that causes two or more persons [with related property interests] … to die at very nearly the same time, with no way of determining the order of their deaths.'

Analysis

The court analyzed the legal definition of 'common disaster' and found that the court of appeals had erred by creating its own definition that excluded the requirement of uncertainty in the order of death. The Beards' deaths did not meet the legal criteria for a common disaster since Vencie died nearly two hours after Melba, making it possible to determine the order of their deaths.

The court of appeals acknowledged the legal definition of 'common disaster,' but then crafted its own definition by separately defining the words 'common' and 'disaster' and combining their separate definitions.

Conclusion

The Supreme Court reversed the court of appeals' judgment, concluding that the Beards did not die in a 'common disaster' as defined in their wills.

Accordingly, we grant the petition for review and, without hearing oral argument, we reverse the court of appeals' judgment and render judgment that the Beards did not die in a 'common disaster.'

Who won?

The prevailing party was the executrix, Elaine Stephens, as the Supreme Court ruled in her favor by reversing the lower court's decision.

The Supreme Court held that testators did not die in 'common disaster' and, thus, provision of parties' wills that provided for cash bequests to beneficiaries in event of common disaster was not implicated.

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