Williams v. Estate Of Williams

865 S.W.2d 3 (1993)

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Nature of the Case

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Facts

This suit seeks the construction of the last will and testament of G. A. Williams, deceased, and the declaration of the rights of the parties in a tract of land described in the will. G. A. died on November 17, 1944. The will was probated on November 24, 1944. P, Ethel Williams, who was 92 years of age when the complaint was filed, is the only survivor of the three children named in the will. Etta Tallent (D) is the only other surviving child of the testator, and the other defendants are lineal descendants of the testator. P has maintained possession of the farm since the death of the testator, jointly with Ida Williams and Mallie Williams until their deaths. The will left three daughters, Ida Williams, Mallie Williams, and P, the farm. There were to hold it during their lives, and it was not to be sold during their lifetime. If any of them marry their interest ceases and the ones that remain single have full control of same. (None were ever married). P alleged that she got a life estate under the will or, in the alternative, a life estate under the will and a 'remainder interest' by intestate succession. The Chancellor held that the devise of a life estate without limitation over indicated an intention that the named daughters have the property in fee simple, which is the position asserted by P on appeal. The Court of Appeals affirmed in that each named daughter owned a one-third undivided interest in fee simple. Ds appealed.