Hunting v. Jones

McCLENDON, j.

This suit was brought by W. E. Jones, as plaintiff, against his son M. T. Jones, Jr., and other defendants, in form in trespass to try title, but in fact to determine the sole question whether, under section 4 of the will of M. T. Jones, deceased, the plaintiff acquired the fee to the property in said section devised, or only a life estate therein. The Court of Civil Appeals, First District, held that the rule in Shelley’s Case applied, and plaintiff took the fee. 183 S. W. 858.

Eliminating those sections which have no bearing upon the question at issue, the will reads as follows:

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