Harper v. Swoveland

CARVER, Justice.

This is an appeal from a summary judgment in a trespass to try title case. Appellants claimed the property as specific devi-sees under the probated will of their father, Kirby O. Harper, Sr. Appellees claimed the property as subsequent grantees under a chain of title resting upon a deed from the executrix of the will of Kirby O. Harper, Sr., to Armstrong-Hutson, Inc., made pursuant to a power of sale given in the will. We affirm the judgment in favor of the subsequent grantees because the testator subjected the estate devised to appellants to the unconditional power of sale…