In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018). The provision through which the testator devised the land stated: “NOW BOBBY I leave the rest to you, everything, certificates of
life estate
Court Holds That Will Created Void Alienation On Restraint
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Knopf v. Gray, a decedent died in 1993, and her will was admitted to probate the same year. No. 10-15-00273-CV, 2017 Tex. App. LEXIS 191 (Tex. App.—Waco January 11, 2017, no pet. history). Her will provided that “I give all my estate to my son Bobby Gray” and…
Court Interprets Will’s Residuary Clause To Create A Determinable Fee Simple Estate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Morgenroth, a mother died testate with a will that gave specific devises to her two children, a son and daughter. No. 05-15-00777-CV, 2016 Tex. App. LEXIS 7857 (Tex. App.—Dallas July 25, 2016, no pet. history). The will contained a residuary clause:
All the remaining
…
Court Concludes Spouses’ Joint Will Was a Contractual Will and Imposes Constructive Trust to Enforce Terms of Joint Will
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Estate of Pursley, a husband and wife (Harold Sr. and Mildred) with three children executed a joint will in 1975 that provided the survivor would take the entire estate “to be used, occupied, enjoyed, conveyed and expended by and during the life of such survivor, as such survivor…