Brooks v. Evetts

Citations

• 33 Tex. 732

Syllabus

<p>1. In construing wills it is a fundamental rule that the intention of the testat.or shall govern his devise, provided it is capable of being ascertained and is not contrary to law.</p> <p>2. The word “ heirs ” denotes a class of persons who take hy succession from generation to generation.</p> <p>3. The rule in Shelley’s ease is a rule of law, and not a mere rule'of com strucüon.</p> <p>4. A testatrix made the following devise: “After all my lawful debts are paid, the residue of my estate, real and personal, I give and bequeath to and dispose of as follows, to wit: to my sister Mary one-third of a league of land.” Here followed a description of the property devised, after which the wiii proceeded thus: “ And all the above described property I give and bequeath to the said Mary, and her heirs during her natural life.” Held, that it was error to construe this as a mere devise for the life of Mary, without remain ier to her heirs, and to hold that on her death the estate reverted to the heirs of the testatrix. Held fur- , ther, that the devise vested in Mary an estate for life, with a vested remainder in fee to her heirs, who took their estate as purchasers under the will and not hy way of inheritance from the tenant for life ; and consiquentiy that the tenant for life could alienate no greater estate in the property than for her own life.</p>