Crist v. Morgan

The purpose of this suit, while in form in trespass to try title, was to construe the will of Daniel Crist; the particular issue being whether the rule in Shelley’s Case applies to that portion of the will which devised real estate to the testator’s 11 living nieces and nephews. The trial court and Court of Civil Appeals held that the rule applied, and that the nieces and nephews took title in fee. 219 S. W. 276.

The testator, Daniel Crist, never had any children, and his wife predeceased him. At the time the will- was executed he had 11 living nieces and nephews, among whom was Stephen Crist,…