Harrison v. Brown
Decision Date | 08 November 1967 |
Docket Number | No. B--395,B--395 |
Citation | 422 S.W.2d 718 |
Parties | Hannah HARRISON et al., Petitioners, v. Gus E. BROWN, Jr., et al., Respondents. |
Court | Texas Supreme Court |
Mills, Shirley, McMicken & Eckel, Galveston, Bell & Gwin, Bay City, for petitioners.
Fulbright, Crooker, Freeman, Bates & Jaworski, Chester M. Fulton and R. Mayo Davidson, Houston, Entzminger & Uher, Bay City, for respondents.
This is a suit for declaratory judgment and the construction of the will of Hannah Thompson, petitioners' grandmother. The opinion of the court of civil appeals is reported in 416 S.W.2d 613. The testatrix by these words devised some land to her son, John E. Thompson, for his lifetime with the remainder to his five children:
* * *'(Emphasis added)
The life tenant died and all of his five children were living at that time. Pauline, one of the life tenant's children, thereafter died without issue. The court of civil appeals correctly construed the words of the will to mean that upon the death of the life tenant, the testatrix intended the fee to vest indefeasibly in the life tenant's living children. Flores v. De Garza, 44 S.W.2d 909 (Tex.Com.App.1932, judg. adopted); 5 Bowe-Parker, Page on Wills, §§ 44:15, 44:16, 44:17 (1962); Restatement, Property, § 269 (1940). The other four remaindermen urge that Pauline received a determinable fee which reverted to them upon her death without issue even though she died after the life tenant's death. Testatrix' will, as evidenced by the portion underlined, shows an intent that the remainderman's death without issue had to occur before the death of the life tenant for the gift over to operate. Petitioners rely upon two cases which hold that a direct devise without a...
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Hart v. Rogers
...1971, writ ref'd n.r.e.); and Harrison v. Brown, 416 S.W.2d 613 (Tex.Civ.App.1967), Writ ref'd n.r.e. per curiam, 422 S.W.2d 718 (Tex.1967), relied upon by defendants are distinguishable. In those cases the first taker was granted only a life estate or term for We find nothing in the will u......
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Roberts v. Wilson
...intervening estate, unless the language of the will discloses a different intent. Flores, 44 S.W.2d at 910–11.See also Harrison v. Brown, 422 S.W.2d 718 (Tex.1967) (affirming holding that will terms meant that on the death of the life tenant the fee would vest indefeasibly in the life tenan......
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Stanley v. Brietz
...at the death of the testator, became an estate in fee simple absolute when the testator's wife died." Also see Harrison v. Brown (Tex.1967) 422 S.W.2d 718. We are of the opinion that construction of the will in the case before us is governed by Flores v. De Garza (Tex.Com.App.1932) 44 S.W.2......