Howth v. Farrar

For taking part in the storming of San Antonio de Bexar in 1835, W. E. Howth was given a section of land by a grateful republic. The aged hero died in 1859, leaving a large estate which he fairly disposed of by will ;1 but, feeling a soldier’s pride in the Milam grant, he devised this section to his eldest son for life with remainder in fee to the latter’s eldest son, together with a succession of substitutionary estates upon failure of male issue in any of them. In so doing, he was well within his rights, as he violated no rule against perpetuities or legal restraints upon alienation.…