Morgan v. Green

Darrell Hickman, Justice.

This appeal questions whether a clause in a will granted a mere life estate, or gave the life tenant an absolute power of alienation. The chancellor, after careful consideration, decided on summary judgment the will of Eva Morgan did not grant her son, Jeff Morgan, the power to sell sixty acres — it only gave Morgan a life estate. We disagree with the chancellor and reverse his decision.

The relevant portions of Morgan’s will provided:

Section III: I give, devise and bequeath to my beloved son, Jeff Morgan, a life interest in the real estate described herein with the…