In the Estate of Bryan D. Davidson, Deceased

Summary

The Texas First Court of Appeals affirmed a probate court judgment declaring Sherry Myers to be the surviving spouse of Bryan D. Davidson based on an informal marriage. The court held that the evidence was legally and factually sufficient to support the elements of informal marriage and that Sherry’s testimony concerning an agreement to marry was corroborated and therefore not barred by the Dead Man’s Rule under Texas Rule of Evidence 601(b).

Holdings

1. The evidence was legally and factually sufficient to support the trial court's findings that Myers and Davidson lived together in Texas as spouses and represented to others that they were married.
2. Myers's testimony about Davidson's oral agreement to be married was admissible because testimony from Davidson's father, Myers's daughter, and a family friend concerning Davidson's gift of his mother's wedding ring corroborated it under Texas Rule of Evidence 601(b).
3. Myers's testimony and the corroborating ring evidence constituted some evidence of an agreement to be married, and the trial court's finding that this element was established was not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

Questions Presented

1. Whether legally and factually sufficient evidence supported the probate court's finding that Myers and Davidson entered into an informal marriage.
2. Whether Myers's testimony about Davidson's agreement to be married was barred by Texas Rule of Evidence 601(b), the Dead Man's Rule, because it was corroborated by other evidence.
3. Whether the probate court erred by denying the sons' motion for directed verdict on the informal-marriage claim.

Disposition

affirmed