Terrell v. Graham

BARROW, Justice.

This case involves the construction of reciprocal instruments executed simultaneously by two brothers. E. H. and H. R. Richardson became the co-owners of 121¼ acres of land in Erath County in .1945 with each having an undivided one-half interest. On or about March 10, 1969, they each executed, delivered, and recorded an instrument in the form of a general warranty deed whereby each purported to convey to the other all of the 121¾4 acres with this provision:

“This deed is written under Article 1296 1 R.C.S. of Texas, and shall take effect and become absolute on my death.”

H. R.…