JOHNSON v. STARK

No. 9023.

585 S.W.2d 900 (1979)

Richard JOHNSON, Temporary Administrator of the Estate of Bernice D. Bullock, Deceased, Charles W. McCallum, Sr., Janice Stogsdill Smith, Carrie Lee Stogsdill Simpson, Charles W. McCallum, Jr., Robert Lawrence McCallum and Richard McCallum, Appellants, v. Glenda STARK, Gladys Hulsey, Joe Floyd Blewett, Helen Lindsley and Dorothy Iglehart, Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied August 29, 1979.


Attorney(s) appearing for the Case

Irwin & Whitley, George W. Irwin, Robert L. McCallum, Dallas, for appellants.

Earl Luna and George Vorpahl, Dallas, for appellees.


REYNOLDS, Chief Justice.

This will controversy is determined by the character of the estate vested in the first taker. The trial court construed the will to vest an estate less than fee with powers of disposition in the first taker, and adjudged that the takers of any estate in remainder could follow the proceeds of sales and dispositions made by the first taker. Ascertaining that the testator intended to vest a qualified fee simple estate in the first taker, who...

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