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KELLY v. LANSFORD

No. 18008.

572 S.W.2d 369 (1978)

E. A. KELLY and George S. Westerfield, Testamentary Trustees of the Mildred Durst Giraud Trust, et al., Appellants, v. Robert LANSFORD, Trustee of the Pauline Moore Irrevocable Living Trust, et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied November 2, 1978.

Attorney(s) appearing for the Case

Franklin, Kelly, Graham & Killough and W. K. Graham, Houston, for appellant.

Barlow, Gardner & Tucker and James Barlow, Fort Worth, for Robert Lansford, Trustee of the Pauline Moore Irrevocable Living Trust.

Louise Lansford, Robert Lansford, Individually, and Richard Lansford pro se.

James G. Cowen, Houston, for Estelle Markham, Tom Markham, Jr. and John Kelly Markham.

OPINION

MASSEY, Chief Justice.

We hold that one who has by will received a life estate in property plus the power to sell, convey, dispose or expend the same, may cut off and eliminate all future estates in the same property, which may have been derived from provisions in the same will, by irrevocable conveyance to an irrevocable trust. That the settlor conveying the property might provide that he retain the usufruct during his lifetime would not affect...

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