Berryman v. Schumaker

Citations

• 67 Tex. 312
• 3 S.W. 46
• 1887 Tex. LEXIS 872

Syllabus

<p>Condition Subsequent—Deed.—A parent, aged and infirm, conveved by warranty deed real estate to her son and grandson, the expressed consideration being that the grantees should pay to her annually, in quarterly installments, a designated sum for her support, and if not paid it should be lawful, whenever the grantor elected to do so, to take posses- . sion of the granted premises and enjoy the property “as in her former estate.” The grantees also signed the instrument, which contained a covenant for the payment of the installments. The parent died after the first installment fell due, and which was not paid. Held:</p> <p>(1) The payment of the installments was a condition subsequent, enforeable at the option of the grantor.</p> <p>(2) The grantor having died without having claimed a forfeiture, the title remained with the grantee, subject to the payment to the estate of the instalment past due.</p>