Dallmeyer v. Hermann

SAM D. JOHNSON, Justice.

This is a will construction suit in which the sole question is whether or not the rule in Shelley’s case is applicable.

The rule in Shelley’s case has been abolished in this state, Art. 1291a, Vernon’s Ann.Tex.Rev.Civ.St. However, Sec. 3 thereof provides that the act does not apply to conveyances taking effect prior to January 1, 1964, and the will in question became effective and was probated before such date.

Prior to her death Matilda Hermann and Louis Hermann, Jr., were husband and wife. At Matilda Hermann’s death she was survived by her husband and four children…