TOLER v. HARBOUR

No. 9011.

589 S.W.2d 529 (1979)

Virginia Harbour TOLER et al., Appellants, v. Frank A. HARBOUR, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 21, 1979.


Attorney(s) appearing for the Case

Manning Holland, Amarillo, for appellants.

Garland D. Sell & Associates, Garland D. Sell and Patrick A. Pirtle, Amarillo, for appellee.


REYNOLDS, Chief Justice.

Granting plaintiff's motion, the trial court summarily decreed that a will, which states plaintiff shall "have and hold a life-estate only" in realty and "at his death his heirs take the fee simple title," vested, by operation of the rule in Shelley's case, the fee simple title in plaintiff. The non-moving defendants did not present to the court any issue which would avoid plaintiff's entitlement to the summary judgment established by the...

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