In re Estate of Florence, 307 S.W.3d 887 (Tex. App.—Fort Worth 2010, no pet.).
Testator’s will gave Wife, among other things, his “tangible
property.” The residuary of the estate passed into a testamentary trust.
After Wife died over twenty years later, the issue arose as to whether
real property was included within the term “tangible property” and thus
was part of Wife’s estate having passed to her under Testator’s will or
whether this real property passed through the testamentary trust.
The appellate court’s decision focused not on the merits of the claim
but rather on whether the statute of limitations had run on the
interpretation action brought by the beneficiaries of Wife’s will. Both
sides agreed that the residuary four year statute of limitations applies
but disagreed as to when the time began to run. The court rejected the
argument that limitations began to run from the date Testator’s will was
admitted to probate. Instead, the court determined that limitations did
not run until the claim was made that the term “tangible property”
included not only tangible personal property but real property as well.
Moral: The statute of limitations for interpretation actions begins to
run when parties advocate conflicting interpretations, not when the
testator’s will is admitted to probate.