Majeski v. Estate of Majeski

Geraldine Wesch is the daughter of the decedent, Sarah Bishop Majeski (ABishop@), and appellant Bernard Majeski was Bishop=s husband for more than twenty years. After Bishop=s death, a dispute arose between Wesch, as administrator of Bishop=s estate, and Majeski. Both sought control of a tract of land owned by Bishop before her marriage and on which she and Majeski lived and worked. Majeski claimed a homestead right as Bishop=s surviving spouse, see Tex. Const. art. XVI, 52, and Wesch argued that the rental of portions of the property defeated Majeski=s homestead rights. The trial court granted summary judgment in favor of Wesch, and Majeski appeals. We reverse the judgment and remand the cause to the trial court for further proceedings.