White v. Brown

559 S.W.2d 938 (Tenn. 1977)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Lide died on February 15, 1973, and left a holographic will. Lide's will said, 'I wish White (P) to have my home to live in and not to be sold.' Brown (D) was a descendant of Lide. D claimed that P was granted a life estate with the remainder given to the descendants by intestate succession. P claimed that she had been given a fee simple in the house, and sued to quiet title. The trial court held that the will created a life estate, but not a remainder, in P because it specifically stated that the property could not be sold. The remainder was left to pass by inheritance to the testatrix’s heirs at law. Due to the debilitated condition of the property and in accordance with the desires of all the parties, the Chancellor ordered the property sold with the proceeds distributed in designated shares among the beneficiaries. The proceeds were divided between the life tenant and the testatrix’s heirs. P appealed.