Fuqua v. Fuqua

I respectfully dissent. I am convinced that the majority opinion leads to an unjust and improper result; it employs a legal fiction to defeat the legitimate expectations and understandings of the parties.

A full appreciation of my position on this matter requires a chronological review of the events involved:

1. On September 26, 1962 P. V. Fuqua, Sr. and his wife, Birdie H. Fuqua, executed a joint will giving the survivor a life estate in 200 acres of land in Grimes County, Texas, remainder in fee simple to their son, J. P. Fuqua (appellant).

2. Sometime before August 16, 1966 P. V. Fuqua, Sr.…