Friday, February 10, 2012

Williams v. Estate of Williams case brief

Williams v. Estate of Williams
-G.A. Williams died 1944, farm owned by his testator at the time of his death.  Will was executed July 1933, Testator survived by 9 children, including 3 daughters named in the will.  
-D, Etta Tallent = only survivor of three children named in the will.  Others are lineal descendants of the testator.

-Ethel Williams has maintained possession of the farm since testator’s death, none of the 3 daughters ever married.  
-The complaint contemplated a life estate in Ethel Williams followed by a remainder.
-The court of appeals stated that each named daughter had a fee simple.

-The function of a suit to construe a will is to ascertain and effect the intention of the testator.
-Look at the evident purpose and intent shown in the will.

-Upon the death of the testator, each named daugther held a life estate, defeasable or determinable upon her marriage.
-Each daughter also had an executory interest in each of the other 2 daughters 1/3rd interest, which would vest in her possession if the other life tenant should die or marry while she remained unmarried.
-The heirs at law of the testator held a reversion in fee simple.

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