Legal Opinion
Kelly v. Lansford
Court of Appeals of Texas
Decided October 5, 1978No. 18008PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MASSEY, Chief Justice.
We hold that one who has by will received a life estate in property plus the power to sell, convey, dispose or expend the same, may cut off and eliminate all future estates in the same property, which may have been derived from provisions in the same will, by irrevocable conveyance to an irrevocable trust. That the settlor conveying the property might provide that he retain the usufruct during his lifetime would not affect the holding.
Mildred Durst Giraud died on May 9, 1970, leaving a holographic will which was admitted to probate in Harris County. She left…
2Cases cited8 opinions
- Edds v. Mitchell, Admr.Texas Supreme Court · 1945
- Harrell v. HickmanTexas Supreme Court · 1948
- Commercial Bank, Unincorporated, of Mason v. SatterwhiteTexas Supreme Court · 1967
- Littler v. DielmannCourt of Appeals of Texas · 1908
- Dickerson v. KellerCourt of Appeals of Texas · 1975
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Texas Commerce Bank-San Angelo, N.A. v. Shurley (In Re Shurley)United States Bankruptcy Court, W.D. Texas · 1994
- Shealy v. South Carolina Electric & Gas Co.Supreme Court of South Carolina · 1982
- Donald Swearingin, Billy Jack Swearingin, Beverly Hooker, Connie Morris, and Frankie Mae Smith v. Estate of Vivian Swearingin, Terry Ellis, Individually and as Trustee of the Terry Ellis 2003 Trust and as Co-Executor of the Vivian Swearingin Estate, and Donna Mullen, Individually and as Trustee of the Donna Mullen 2003 Trust and as Co-Executor, Texas Court of Appeals, 2nd District (Fort Worth)2006
- Donald Swearingin, Billy Jack Swearingin, Beverly Hooker, Connie Morris, and Frankie Mae Smith v. Estate of Vivian Swearingin, Terry Ellis, Individually and as Trustee of the Terry Ellis 2003 Trust and as Co-Executor of the Vivian Swearingin Estate, and Donna Mullen, Individually and as Trustee of the Donna Mullen 2003 Trust and as Co-Executor, Texas Court of Appeals, 2nd District (Fort Worth)2006