Arensberg v. Drake

OPINION

SEARS, Justice.

This is an appeal from an order overruling a motion to set aside the appointment of a receiver for 164.7 acres 1 of land situated in Fort Bend County, Texas. We hold that the trial court erred in denying appellant’s Motion to Vacate the Receivership. The trial court’s order is reversed and the receivership is vacated.

Appellees, Juanita Benton Drake and Robert Lee Drake, Jr. received an interest in the land under the will of Addie Benton. The will provides:

I devise and bequeath to Juanita Benton Drake for and during her natural life 164.3 acres of land out of the William…