Alviar v. Gonzalez

OPINION

SEERDEN, Justice.

This is an appeal from a summary judgment in a suit to construe a joint will. The issue is whether the will passed fee simple title or a life estate to the survivor. The trial court held that the dispositive clause of the joint will of Enrique Alviar and his wife, Librada Alviar, conveyed “the entire estate of Enrique Alviar in fee simple to Librada Alviar.” We reverse.

The combined estate consists mainly of a fifteen-acre tract of land valued at $75,-000.00 and personal property valued at $500.00. The Petition to Construe a Will alleges that Enrique owned the land as…