Estate of Clark

Major Dillard Clark's son Edwin died testate in 1923, and Major Clark contested Edwin's will, ultimately settling the litigation for a one-half interest in Edwin's estate (including valuable oil-producing interests); Major Clark married Eliza (defendant) about two weeks after his inheritance right vested at Edwin's death. When Major Clark later died, his will left most property to his surviving children, Dillard Jr. and Alice (plaintiffs), and Eliza waived her rights under the will to instead claim her statutory spousal share, arguing the interest in Edwin's estate was community property acquired during the marriage.