Sisk v. Randon

• Decision Date: 02 May 1934
• Docket Number: No. 1767-5892.,1767-5892.
• Citation: 70 S.W.2d 689
• Parties: SISK et al. v. RANDON et al.
• Court: Texas Supreme Court

70 S.W.2d 689

SISK et al. v. RANDON et al.

No. 1767-5892.

Commission of Appeals of Texas, Section A.

May 2, 1934.

Error to Court of Civil Appeals of First Supreme Judicial District.

Action by R. J. Sisk and others against Adranna Randon and others. Judgment for defendants was affirmed by the Court of Civil Appeals [33 S.W.(2d) 1082], and plaintiffs bring error.

Affirmed.

Styles & Erickson, of Bay City, Oliver J. Todd, of Beaumont, and A. E. Masterson and Carlos B. Masterson, both of Angleton, for plaintiffs in error.

Follett, Evans & Hill and Rucks & Enlow, all of Angleton, and Harry Holmes, Andrews, Streetman, Logue & Mobley and Palmer Bradley, all of Houston, for defendants in error.

CRITZ, Commissioner.

The opinion of the Court of Civil Appeals in this case is found at 33 S.W.(2d) 1082. We refer thereto for a full statement. In the condition the record reaches this court the only law question really presented is the proper construction to be given the following instrument of writing:

"The State of Texas, County of Brazoria.

"Know all Men By These Presents: That we, William Alston and Millie Alston, his wife, of the county of Brazoria, State of Texas, for and in consideration of the sum of ten ($10.00) dollars to us in hand paid by our daughter, Adranna Randon, and her husband, Emanuel Randon; the receipt of which is hereby acknowledged, and further consideration of the care and attention and services rendered us in our old age by said Adranna and Emanuel Randon, and the further considerations of the undertaking and obligations on the part of said Adranna and Emanuel Randon, to take care of and provide for us during our natural lives, and the love and affection which we have for our said Daughter Adranna Randon and our Son-in-law Emanuel Randon, have Granted, Sold, and Conveyed, and do by these presents, Grant, Sell, and Convey unto Adranna Randon and Emanuel Randon of the County of Brazoria, State of Texas;

"1st. All that certain tract or parcel of land lying and being situated in Brazoria County, Texas, and being one hundred (100) acres of land out of the C. G., H. A. and H. O. Alsbury one and one-half league Grant, Abstract No. 4, situated on the West bank of the San Bernard River, and being out of the upper portion of the said grant, (description) * * * The tract herein conveyed being the upper half of the two hundred acre Homestead tract of the grantors, (description) * * * the tract herein conveyed being the tract on which grantors now reside.

"2nd. All the Live Stock which grantors now own, etc. * * *

"To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Adranna Randon and Emanuel Randon, their heirs and assigns forever, subject to the terms and conditions hereinafter provided, and we do hereby bind ourselves, our heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said Adranna Randon and Emanuel Randon, their heirs and assigns forever against all persons whomsoever lawfully claiming or to claim the same or any part thereof.

"The terms and conditions of this conveyance being that the said Emanuel Randon and Adranna Randon shall immediately take charge of all the property herein conveyed and shall hold, cultivate, or rent, manage and control same during our natural lives giving and granting to the said Emanuel and Adranna, full power to at any time mortgage or sell and convey, for such prices as they deem best, any part or all of the personal property herein conveyed and its increase and all crops raised on said land, the proceeds derived therefrom to be retained by said Adranna and Emanuel Randon, without any accounting therefor, to assist them in carrying their obligation to support the grantors herein.

"The said Adranna and Emanuel Randon shall take and it is the intention of the Grantors to convey to them by this instrument, the fee simple title to one-half of said tract herein conveyed, to be taken off of the River end of the said tract, including all of the river front and extending far enough back from the river to include one-half of said tract, with the improvements thereon situated, subject to the right of the grantors, if they should desire, which right is here reserved, to occupy the house in which they now live, during the life of either of them.

"The title to the western half of said tract of land shall be held in trust by the grantees herein in the proportion herein indicated, for Milli McKinney, of Galveston County, Texas, daughter of the grantors, one-fourth; William Alston, Jr., of Brazoria County, Texas, son of the grantors, one-fourth; Louise Alston and Thomas Hendrick, children of Louisa Alston, deceased, and grand-children of Grantors, one-eighth each; and Georgia Boon, daughter of Mary Boon, deceased, and Grand-daughter of Grantors, one-fourth. The above named as cestui que trust under this deed are to have no control or rights under this deed until after the death of the last survivor of the grantors herein, and no interest in the revenues derived from said property, or proceeds of any sales made during the life of the grantors. After the death of the last survivor of these grantors, then the said Adranna Randon and Emanuel Randon or the survivors, if either should die, shall convey to the above named cestui que trust their interest in the land as above designated, without accounting to either of them for the revenues of same up to the death of the last surviving grantor.

"If, at the death of the last surviving grantor herein, there should remain any of the personal property herein conveyed, the said Adranna Randon and Emanuel Randon, or the survivor of either shall take in fee simple one-half of said personal property, and the other half thereof shall be divided between the cestui que trust named herein in the same proportions as is above provided for the land."

It appears that since the execution of the above deed both the grantors therein have died. The westerly one-half of the tract of land described in the above deed is not involved in this appeal.

The Court of Civil Appeals holds that the above deed, on its face, operated to convey to Emanuel Randon and Adranna Randon the fee-simple title to the easterly one-half of the 100 acres described therein. The easterly one-half is the river end of the land. We agree with this holding. In this connection we think a reading of the deed will demonstrate that, by its unambiguous and express terms, it operated to convey the present fee-simple title to the easterly one-half, or river end, of the 100-acre tract of land described therein to the grantees named. It will here be noted that the deed expressly stated that it is the intention of the grantors to convey to the grantees "the fee simple title" to the land just mentioned, "subject to the right of the grantors, if they should desire, which right is reserved, to occupy the house in which they now live during the life of either of them."

Plaintiffs in error seem to contend that the above deed is illegal and ineffective because it is nothing more...