## Facts

- William Wesley Williams, Sr. and Mildred Disch Williams married in September 1973; both had children from prior marriages and substantial separate property.
- Four days before marriage, they executed a premarital agreement and a supplemental agreement stating that each spouse would retain sole rights in separately owned (and later acquired) property for testamentary disposition, free of spousal claims arising from marriage.
- The supplemental agreement listed each spouse’s property, addressed living expenses, and provided that income from each spouse’s separate estate (including dividends, interest, rents, and salaries) would remain that spouse’s separate property.
- The marriage lasted about 141 days; William Sr. died testate in January 1974.
- William Sr.’s will devised his separate-property residence, furnishings, and a car to his adult children.
- The children sought possession of the devised property; Mildred refused to vacate and claimed rights as surviving spouse to occupy the probate homestead and to exempt property.
- The record reflected mature parties, full disclosure of property interests, and no fraud, overreaching, or misunderstanding.

## Issues

1. Whether a premarital agreement may validly waive a surviving spouse’s constitutional and statutory rights to the probate homestead and exempt property.
2. Whether an invalid clause attempting to characterize income from separate property during marriage as separate property renders the entire agreement unenforceable, or is severable.

## Decision

- The Texas Supreme Court reversed the court of civil appeals and affirmed the trial court’s judgment enforcing the premarital agreement.
- A premarital waiver of surviving-spouse rights to the probate homestead and exempt property is enforceable when fairly made, supported by valid consideration, and free of fraud or overreaching.
- The provision attempting to treat income from separate property as separate property was invalid under Texas community-property rules.
- The invalid income provision was severable because it was not the main or essential purpose of the agreement; the waiver provisions remained enforceable.

## Legal Principles

- Competent adults may contract before marriage to waive post-death rights that exist for their benefit, including probate homestead occupancy and exempt-property rights, if the agreement is supported by consideration and is fairly made with full disclosure and without fraud or overreaching.
- Mutual promises to marry, followed by marriage, can supply valid consideration for a premarital agreement.
- Public-policy concerns may limit enforcement where protected third-party interests (such as minor children) would be impaired.
- In a multi-promise agreement supported by valid consideration, illegality of one promise does not void the entire contract if the illegal provision is not the main or essential purpose; courts may sever the invalid term and enforce the remainder.

## Conclusion

Texas law permits a premarital agreement to waive a surviving spouse’s probate homestead and exempt-property rights when entered knowingly and fairly with adequate disclosure and consideration, and an invalid property-characterization clause does not defeat enforcement of otherwise valid waivers if the invalid term is severable from the agreement’s central purpose.


Williams v. Williams, 569 S.W.2d 867 (Tex. 1978)