Galen E. Murphy v. John O. Slaton

On June 16, 1928, B. H. Murphy and wife, Annie E. Murphy were husband and wife, and had a family consisting of eight sons and daughters. They owned five sections of land in Ochiltree County, Texas, together with some town lots in the town of Perryton, Texas, and also owned personal property. All of the property was community property except Section 931, Block 43, H. & T. C. Ry. Co., which B. H. Murphy had deeded to his wife, Annie, on April 14, 1928 by a warranty deed reciting a consideration of $1.00 and love and affection. On June 16, 1928, Annie E. Murphy at Perryton, Texas, signed an instrument purporting to be the last will and testament of herself and husband, B. H. Murphy. His signature was signed to such instrument at Kansas City, Mo., where he was undergoing treatment by a physician. The will was properly signed and witnessed. On July 14, 1928, B. H. Murphy died without ever having revoked his will, and thereafter Annie E. Murphy probated the will as the last will and testament of B. H. Murphy; took charge of all of the estate and continued to use and enjoy the same until her death in 1951, and without having married again. The inventory and appraisement filed by her showed all of the property as community property of B. H. Murphy, and showed no separate property belonging to him. It did not include Section 931 as an asset of his estate.