Speairs v. Ligon

Citations

• 59 Tex. 233
• 1 Tex. L. R. 960
• 1883 Tex. LEXIS 138

Syllabus

<p>1. Will — A husband willed 1» eaeh of four grown children one hundred and fifty acres of land and $1,600, and then gave and devised to his wife all “ my per-, sonal property of every kind; also the remainder of my said tract of land, containing two hundred and seventy-seven acres, more or less, to dispose of as she may please, requesting her that she will so dispose of the property at her death as to make my youngest- son, Samuel Stillman Speairs, an equal legatee with the balance of my children.” In an action by the youngest son against the executor of the mother, who he claimed had not in her life-time discharged the trust, held, that the presumption is that the will attempted to convey to the wife nothing more than she was entitled to under the statutes of descent, and a- demurrer to the petition was properly sustained.</p> <p>2. Same.— Whenever it is the clear intention of a testator that the devisee shall have an absolute property in the estate devised, a limitation over, being inconsistent with the absolute property intended to be conveyed, cannot be enforced.</p>