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Finley v. Finley | 318 S.W.2d 478 (1958)

The Rule in Shelley’s Case is a common-law doctrine providing that a single conveyance granting an individual a life estate, with the remainder going to that individual’s heirs, will actually convey to that individual both the life estate and the remainder interest. In the nineteen fifty-eight Texas case of Finley versus Finley, we examine some limitations, as well as practical implications, of this doctrine in a tale of two wills.

Norman Finley was an only child to Ella and E L. E L died in nineteen forty-three, and his will granted some land as a life estate to Ella. A life estate gives someone land to own and use for that person’s lifetime and specifies what should happen with the property upon that person’s death. One who’s been given land as a life estate is called a life tenant.

E L’s will further provided that upon Ella’s death, Norman would get a life estate in the property and that upon Norman’s death, the property would go to Norman’s, quote, “legal heirs, then living,” unquote.

Ella died in nineteen-fifty, and her will left all her real estate to Norman as a life estate and provided that upon Norman’s death, the property would go to Norman’s, quote, “legal heirs,” unquote. Ella’s will also specifically stated that it shouldn’t be construed to give Norman a fee simple title in the land.

Contending he had a fee simple interest in both his parents’ real estate, Norman brought suit in trial court naming his heirs as defendants and seeking construction of his parents’ wills to determine the various parties’ rights and interests. The trial court determined that the Rule in Shelley’s Case didn’t apply to his father’s will, thereby granting Norman a life estate in the property, but did apply to his mother’s, giving Norman fee-simple title to all real estate owned by her. Both Norman and his heirs appealed the trial court’s decisions.

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