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GARDNER v. DILLARD

No. 12508.

258 S.W.2d 93 (1953)

GARDNER et al. v. DILLARD et al.

Court of Civil Appeals of Texas, Galveston.

Motions for Rehearing Refused May 21, 1953.

Attorney(s) appearing for the Case

Richard Spinn, Brenham, for appellants Paralee Dillard Gardner and another, and Letha Dillard Flewellen and another.

Hodde & Hodde, Brenham, for appellants Charlie & Searcy Johnson.

J. Alton York, Brenham, for appellees.

CODY, Justice.

The question presented for determination here is the applicability of the rule in Shelley's Case to a devise made by the sixth paragraph of the joint will of G. W. Dillard and wife, Ida, to Edcut Lee Dillard, one of their sons. The said joint will by its terms undertook to leave only life estates in lands located in Washington County to the several children of the aforesaid G. W. and Ida Dillard, but by the terms of said will fee simple estates in land...

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