Assignment from an Ineffective Disclaimer
In his will, Rudolph Bittnerdevised his farm to Mary Ann Poppe, his niece. In the event that Poppe did not survive him, the farm was to pass to herdaughters, Ritter and Filipp. Bittner intentionally made no provision in hiswill for his nephew, Till. When Bittner’s will was admitted to probate, Poppedisclaimed her interest in the farm. The disclaimer was later found to beineffective. Till filed suit where in he was declared owner of the farm. Ritterand Filipp filed a suit against Till, asking for the court to declare themowners of the farm. Till claimed that Ritter and Filipp had no standing tomaintain a suit because they had no ownership interest in the property. The 14thDistrict Court of Appeals in Houston said thatunder the Texasstatute, Poppe’s ineffective disclaimer amounted to an assignment of herinterest in the farm to Ritter and Filipp. Therefore, they had an ownership interest in the farm sufficient tomaintain suit against Till. Filippv. Till, 2006 WL 3258701 (Tex.App.-Hous. (14 Dist.)).