Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: life estate

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

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 deposit, land, cattle and machinery, Understand… Continue Reading

Court Interprets Will’s Residuary Clause To Create A Determinable Fee Simple Estate

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 property, real and otherwise, of every… Continue Reading

Court Concludes Spouses’ Joint Will Was a Contractual Will and Imposes Constructive Trust to Enforce Terms of Joint Will

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 shall desire and that upon the… Continue Reading
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