WELCH v. STRAACH

No. B-5205.

531 S.W.2d 319 (1975)

Carie E. WELCH et al., Petitioners, v. Eugene STRAACH et al., Respondents.

Supreme Court of Texas.

November 5, 1975.


Attorney(s) appearing for the Case

Spafford, Gay & Whitham, James C. McCoy and Warren Whitham, Dallas, for petitioners.

Passman, Jones, Andrews, Coplin, Holley & Co., Ronald M. Holley, and Richard E. Young, Stanford & Dunaway, DeWitt O. Dunaway, Dallas, for respondents.


STEAKLEY, Justice.

The problem here is whether the testamentary instruments in question devised the homestead to the surviving widow in fee simple determinable, or created only a life estate determinable. The testator, James Madison Welch was married twice, the second time to Effie Mae Welch on March 20, 1940. Welch executed a holographic will on September 18, 1945 which, as relevant here, reads:

"2. . . . I will . . . unto my beloved wife, Mrs. Effie M....

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