Ogle v. Ogle

880 S.W.2d 668 (1994)

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Nature of the Case

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Facts

General Ogle's will provided: I hereby leave, bequeath and devise the remainder of my estate, including real property and personal or mixed property, to my wife, Loretta Sutton Ogle (P), for her lifetime and at her death the remainder, if any at that time, to be divided equally among my three (3) children, Bobby Ogle, Bonnie Ogle Reagan and Betty Jo Ogle (Ds). Said children to share and share alike. After the testator's death, Loretta (P) executed a warranty deed purporting to convey a fee simple interest in the residence, which had been owned by the testator at the time of his death, to Fred Loveday (P), her son by a prior marriage. Ps then instituted this declaratory judgment proceeding, against Ds seeking a declaration that Loretta (P) had acquired a life estate in the real property coupled with an unlimited power of disposition, and could convey the property in fee simple. The trial court found in favor of Ds, declaring that Loretta (P) took a life estate only. The Court of Appeals reversed, holding that the deed transferred to Loveday (P) a fee simple interest in the residence.