DALLMEYER v. HERMANN

No. 196.

437 S.W.2d 367 (1969)

Alfred DALLMEYER et al., Appellants, v. Louis HERMANN, Jr. et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

January 29, 1969.


Attorney(s) appearing for the Case

George R. Moorman, Moorman & Tate, Brenham, for appellants.

Ed P. Magre, Law offices of Don G. Humble, Cameron, for appellees.


SAM D. JOHNSON, Justice.

This is a will construction suit in which the sole question is whether or not the rule in Shelley's case is applicable.

The rule in Shelley's case has been abolished in this state, Art. 1291a, Vernon's Ann.Tex.Rev.Civ.St. However, Sec. 3 thereof provides that the act does not apply to conveyances taking effect prior to January 1, 1964, and the will in question became effective and was probated before such date.

Prior to her...

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