McGILL v. JOHNSON

No. C-9223.

799 S.W.2d 673 (1990)

Ruth G. McGILL, et al., Petitioners, v. J. Willis JOHNSON, III, Respondent.

Supreme Court of Texas.

Rehearing Overruled December 31, 1990.


Attorney(s) appearing for the Case

Luke Ashley, Dallas, Stanley M. Johanson, Austin, H.R. Wardlaw, III, San Angelo, George C. Chapman, Dallas, for petitioners.

L. Henry Gissel, Tom Alan Cunningham, Houston, W. Truett Smith, San Angelo, for respondent.


OPINION

MAUZY, Justice.

This will construction case involves a dispute over the ownership of a remainder interest in certain real property and the application of the open mine doctrine. The petitioners appeal the trial court's declaratory judgment interpreting the will of J. Willis Johnson, Jr. (Testator). The trial court found 1) that the will created a remainder interest contingent upon the remaindermen surviving the life tenant, and 2) that the open mine...

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