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IN MEMORIAM
MARION KENNETH WOODWARD
Marion Kenneth Woodward, Windfor Professor of
Law Emeritus, died February 20, 1995, in Austin, Texas.
Professor Woodward was born April
15, 1912 at Amarillo, Texas. He obtained two degrees at the
University of Texas: Bachelor of Arts in 1933 and Bachelor
of Laws (with honors) in 1943. During the years between his
graduation in 1933 and his becoming a student at the Law School,
he taught in public schools in Texline, Texas, and Amarillo,
Texas, and also obtained a Master of Arts degree at West Texas
State University in 1940. It was while teaching in Amarillo
that Kenneth met an art teacher, Maurine Wallingford, whom
he persuaded to become Maurine Woodward. Their marriage continued
until Kenneth's death. They had one son, M. Kenneth Woodward,
Jr., who practices law in Austin. Professor Woodward was also
survived by his daughter-in-law, Julie, and three grandchildren:
Kenny, Shane and Danielle Woodward.
As a student at the Law School, Woodward earned
many honors, including induction into Chancellors (the most prestigious
student honorary society at the Law School) and Order of the
Coif (whose members are the highest student academic achievers
at each of the member law schools in the nation). He also was
Comment Editor of the Texas Law Review.
Following graduation from the University of Texas
Law School, he served as an officer in the SIC Division of the
United States Army. Following World War II, he became an attorney
for the Phillips Petroleum Company.
In 1945, Kenneth returned to his alma mater as
an Associate Professor of Law. He remained on the faculty until
his death. He was Assistant Dean of the Law School from 1948
until 1951 and Associate Dean from 1951 until 1963. He also was
Acting Dean for a time. He retired in 1982, but continued teaching
part time for several years. Early in his teaching career, he
was granted a leave of absence to spend an academic year at the
Yale Law School as a Sterling Fellow. He also was a visiting
professor from time to time at other prestigious law schools.
Professor Woodward was a remarkably gifted teacher.
His courses were popular and his students formally expressed
their appreciation for his teaching excellence. Students often
applauded his ability to clarify difficult subjects, his patience
with students, and his sense of humor. Students were never hesitant
to visit his office. He invariably received them in a friendly
manner and gave serious consideration to their statements.
The years when Kenneth Woodward was Assistant
Dean, Acting Dean and Associate Dean were a difficult time for
the Law School. His talents matched the needs of that era perfectly.
Many characteristics of the Law School during the post-World
War II era could have caused students to conclude that our school
was a most inhospitable place. Overcrowding was severe. The ratio
of faculty to students was low. The Law School was housed in
an old building that was too small and inadequate in many respects.
The curriculum was severely limited. Admission requirements were
low, and the attrition rate was staggering. Many students were
veterans of the war, some with wives and children. They were
eager to finish their legal education as soon as possible and
begin to earn a living. They were inclined to be impatient with
all aspects of the Law School that seemed unrelated directly
to that goal. They welcomed practical courses, but eschewed public
policy and jurisprudence. A sympathetic and wise counselor was
sorely needed. Kenneth met that goal admirably. He was a superb
administrator, but teaching, research and writing were his principal
interests.
As an academician, Professor Woodward soon became
recognized as an expert on probate and land law, particularly
oil and gas, wills and estates, land titles, and real property
finance. He authored valuable works in all of these subjects,
and was especially influential in the areas of oil and gas and
probate law. For decades Cases and Materials on Oil and Gas was
the standard teaching tool in oil and gas law classes; "Ownership
of Interests in Oil and Gas," 26 Ohio St. L. J. 353
(1965), helped establish the theoretical underpinnings of oil
and gas jurisprudence in a state with a developing petroleum
industry, and "Fair Share and the Small Tract in Texas," 41 Tex.
L. Rev. 55 (1962), which he co-authored with Mr. R. E. Hardwicke,
led to long-needed reforms in Railroad Commission regulatory
practices. Professor Woodward's various articles on independent
administration, including especially "Independent Administrations
Under the New Texas Probate Code," 34 Tex. L. Rev. 687
(1956), are widely cited by courts and practitioners as the most
authoritative statement on this method of probate administration,
and his two volume treatise on probate and decedents' estates,
although published a quarter of a century ago, remains unchallenged
as the standard work on probate law and practice in Texas. Professor
Woodward was -- and still is -- the leading authority on this
subject.
Many lawyers frequently sought his counsel. Characteristically,
Kenneth usually did not submit a bill for his services. But the
grateful recipients of his wisdom, knowledge and analytical ability
nearly always rewarded him anyway. His services were also sought
by, and gladly given to, many others. The Governor of Texas appointed
him to the Commission on Uniform State Laws. He also became a
member of the Legal Committee of the Interstate Oil Compact Commission.
When his church and the University Co-op needed legal assistance
in land acquisition, they turned to Kenneth Woodward. There were
many other instances of his generous contributions of time, energy
and skill to various communities of which he was a part.
As a faculty colleague, Kenneth Woodward was superb.
He placed the welfare of the institution above his own welfare.
He was never reluctant to assume tasks that were dull, difficult
or time-consuming, but essential to the welfare of the Law School.
He was focused on what was important, rather than upon activities
that might attract favorable attention to himself. He was unusually
considerate of others and inclined to overlook their faults.
His faculty colleagues were never reluctant to engage him in
conversation. He would never say anything that would make his
listener uncomfortable. Faculty who had a problem could go to
Kenneth with assurance that Kenneth would sincerely and carefully
consider it, make helpful suggestions, and not violate requested
confidentiality. Many of his colleagues were beneficiaries of
his considerate and wise counsel.
Despite his customary friendly manner,
Professor Woodward would not tolerate injustice to others.
He did not hesitate
to speak out and to act in support of just causes. In writing "Fair
Share and the Small Tract in Texas," 41 Tex. L. Rev. 75
(1962), he knowingly incurred the wrath of a powerful segment
of the oil industry by critiquing regulatory practices that grossly
favored one set of companies and landowners at the expense of
other companies and landowners. In February of 1968, he and other
members of the law faculty and students issued a strong statement
in opposition to the continued participation of the United States
in the Vietnam War.
In 1982, Professor Woodward received the Outstanding
Alumnus Award from the University of Texas Law School. In 1993,
the M. Kenneth Woodward Endowed Presidential Scholarship in Law
was established in his honor by former students of the Law School.
A major goal of the Law School is development
of a high standard of professional integrity in future members
of the legal profession. We seek to accomplish this through courses
in Professional Responsibility and by highlighting ethical aspects
of all courses. Faculty are also aware that their conduct, outside
as well as inside the classroom, reveals their own ethical standards.
It is unlikely that any person was more aware of this, and determined
to act accordingly than Professor Woodward. By merely knowing
him, his students surely were influenced to become better persons
and more responsible members of the legal profession.
<signed>
Peter T. Flawn, President ad interim
The University of Texas at Austin
<signed>
H. Paul Kelley, Secretary
General Faculty
This Memorial Resolution was prepared by a special
committee composed of Professors Corwin W. Johnson (Chair), William
O. Huie, and Ernest E. Smith.
BIBLIOGRAPHY
Authored works
Probate and Administration of Estates.
St. Paul, Minn.: West Pub., 1980; Supplements: 1984, 1982 (West's Texas
Forms, v. 12).
Cases and Materials on Texas Land Titles,
1st ed. Austin: Sterling Swift, 1975 (with Robert Hobbs).
Probate and Decedents' Estates. St. Paul,
Minn.: West Pub., 1971; Supplements: 1985; 1982; 1978; 1975 (Texas
Practice, v. 17-18) (with Ernest E. Smith).
Texas Cases and Materials on Fiduciary Administration.
Austin: University of Texas Law School Foundation, 1967; Supplement
1970.
Mechanics' Liens-Priority Problems. Austin:
University of Texas School of Law, 1967.
Texas Land Titles, Supplemental Readings.
Austin: University of Texas Law School Foundation, 1965.
Cases and Materials on Oil and Gas. St.
Paul, Minn.: West Pub., 2nd ed. 1972; 1st ed. 1960 (with William
O. Huie and Ernest E. Smith, III).
Texas Cases and Materials on Real Property
Security, temp. ed. Austin: Hemphill's, 4th ed., 1976;
3rd ed., 1964; 2nd ed., 1954; 1st ed., 1950.
Articles
"In Memory of Professor Edward Weldon Bailey." 59 Tex.
L. Rev. 7 (1981)
"Granting, Saving and Shut-in Clauses." 25 Oil & Gas
Tax Q. 289 (1977).
"F.P.C. Developments Affecting Basic Provisions
of Oil and Gas Leases." 25 Oil & Gas Tax Q. 65
(1976).
"Hardeman Act--Some Unanswered Questions." 6 St.
Mary's L.J. 1 (1974).
"Proposed Amendments to the Probate Code." 31 Tex.
B.J. 103 (1968).
"Ownership of Interests in Oil and Gas." 26 Ohio
St. L.J. 353 (1965).
"Fair Share and the Small Tract in Texas." 41 Tex.
L. Rev. 75 (1962) (with R.E. Hardwicke). Also as a monograph:
1962.
"Recent Developments in the Law of Oil and
Gas." Proceedings of the Section of Mineral and Natural
Resources Law, American Bar Association. 1961.
"Acquisition of Mechanics' and Materialmen's
Liens on Non-Homestead Property." 14 Sw. L.J. 469
(1960).
"Some Developments in the Law of Independent
Administrations." 37 Tex. L. Rev. 828 (1959).
"Homestead Exemption: a Continuing Need for
Constitutional Revision." 35 Tex. L. Rev. 47 (1957).
"Open Mine Doctrine in Oil and Gas Cases." 35 Tex.
L. Rev. 538 (1957).
"Independent Administrations Under the New
Texas Probate Code." 34 Tex. L. Rev. 687 (1956).
"Title Examination Problems." 17 Tex.
B.J. 533 (1954).
"Constitutional Liens on Chattels in Texas." 28 Tex.
L. Rev. 305 (1950).
Contributions
"Recent Developments in Oil and Gas Law" Paper
presented to the Mineral Law Section, State Bar of Texas at Fort
Worth, July 4, 1969.
"Addition and Changes for 1956 Printing." Texas
Supplement on Administration of Estates, compiled 1951
(with William O. Huie). Austin: Hemphill's, 1956.
Audiovisual materials
Wills and Estates. Austin: University of
Texas Communications Center, 1968 (with W.W. Gibson). [phonotape
47]
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