WELCH v. STRAACH

No. 5388.

518 S.W.2d 862 (1975)

Carie E. WELCH et al., Appellants, v. Eugene STRAACH et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 20, 1975.


Attorney(s) appearing for the Case

Spaford, Gay & Whitham, James C. McCoy, Dallas, for appellants.

Passman, Jones, Andrews, Coplin, Holley & Co., Richard E. Young, Dallas, for appellees.


OPINION

JAMES, Justice.

In this case we are called upon to construe a holographic will. Plaintiff-Appellants contend that the devise in question to Mrs. Effie Mae Welch, the testator's widow, was a life estate determinable in the event of her remarriage; whereas Defendant-Appellees contend said devise was a fee simple estate determinable in the event of her remarriage. We hold that such devise created a fee simple estate determinable in the event of her...

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