Finley v. Finley
Texas Civil Court of Appeals
318 S.W.2d 478 (1958)
E.L. Finley's will left Callahan County real estate to his wife Ella for life, then to their son Norman (plaintiff) for life, then to Norman's "legal heirs then living." Ella's separate will left her own real estate to Norman for life, then to Norman's "legal heirs," while stating it should not be read as giving Norman fee simple title. Norman sued to construe both wills, naming his own children as defendants. The trial court held the Rule in Shelley's Case did not apply to E.L.'s will (so Norman held only a life estate in that property) but did apply to Ella's will (so Norman held fee simple in that property). Both sides appealed.
Whether, under the Rule in Shelley's Case, a remainder interest held by a life tenant's heirs merges with the life tenant's present interest so the life tenant takes fee simple title, when both interests are conveyed in the same instrument.