Sybert v. Sybert

152 Tex. 106, 254 S.W.2d 999 (1953)

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Nature of the Case

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Facts

Testator left all his property to his wife for life. Upon the wife's death, the property was to be distributed to his sons: the will describes the interests of each of the sons. At issue is the interest granted to Testator's son Fred. The will provided that Fred was to have a life estate in certain property, and that upon Fred's death, title to the land was to vest in fee simple in the 'heirs of his body.' Fred died leaving a wife, but no children. Two of Fred's brothers (P) sued for possession of the land, arguing that Fred had only a life estate in the property. Fred's widow (D) argued that, under the rule in Shelley's case, the will conveyed a fee simple to Fred. The trial court found in D's favor and was affirmed on appeal. P appeals.