Zelena Barbay v. Mary McCarty, Individually and as of the Estate of Stanley William Taraba, 12-17-00116-CV

In 1986 Zelena Barbay and her brother signed a family settlement with their father, Stanley Taraba, conveying their interests in property he previously owned; Stanley agreed to devise a one-half interest in a Carrollton house to each child by will at his death.
Stanley sold the Carrollton house in 1997; Zelena learned of the sale that year.
Stanley died in September 2015; his will did not devise the Carrollton property or sale proceeds to Zelena or Randal.
Zelena filed an unsecured claim against the estate for a one-half interest; it was denied, and she sued for breach of the family settlement agreement on November 1, 2016.
The estate moved for summary judgment on statute-of-limitations grounds (four years); the trial court granted summary judgment. Zelena appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When did the 4-year statute of limitations begin to run for the breach-of-contract claim?	Barbay: Limitations did not begin until Stanley's death in 2015, the time specified for performance (devise by will).	Estate (McCarty): Limitations began in 1997 when Zelena learned Stanley sold the house (anticipatory breach/repudiation then occurred).	Court held limitations did not begin in 1997 because Zelena did not accept or act on the anticipatory repudiation; it began at the time for performance (Stanley’s 2015 death).

Exxon Corp. v. Emerald Oil & Gas Co., L.C., 348 S.W.3d 194 (Tex. 2011) (accrual rule: causes of action accrue when facts authorize a judicial remedy)
Ingersoll‑Rand Co. v. Valero Energy Corp., 997 S.W.2d 203 (Tex. 1999) (anticipatory repudiation gives non‑repudiating party option to sue immediately or wait until performance time)
Cosgrove v. Cade, 468 S.W.3d 32 (Tex. 2015) (breach‑of‑contract accrual generally occurs at breach)
Murray v. Crest Const., Inc., 900 S.W.2d 342 (Tex. 1995) (recognition of anticipatory breach doctrine)
Gonzalez v. Denning, 394 F.3d 388 (5th Cir. 2004) (anticipatory breach not limited to fully executory contracts)
Nixon v. Mr. Property Mgmt. Co., 690 S.W.2d 546 (Tex. 1985) (standard for reviewing summary judgment)
Am. Tobacco Co. v. Grinnell, 951 S.W.2d 420 (Tex. 1997) (summary‑judgment appellate review principles)
Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211 (Tex. 2003) (accrual is normally a question of law)
Stine v. Stewart, 80 S.W.3d 586 (Tex. 2002) (statute of limitations for breach of contract)