Finley v. Finley

The Court of Civil Appeals held that the rule in Shelley’s case is applicable to the will of Ella S. Finley but not to the will of E. L. Finley. 318 S.W. 2d 478. We agree with both holdings and approve the opinion of that Court in so far as it relates to the will of Ella S. Finley. As for the other will, we are not entirely satisfied that the words “then living” are sufficient in themselves to show that the term “legal heirs,” was not used in its technical sense. Kent’s statement of the rule in Shelley’s case, which has been adopted in Texas, and expressions found in the opinions of this and…