Guilliams v. Koonsman
Texas Supreme Court
279 S.W.2d 579 (1955)
Relevant factsFree
J.J. Koonsman's will left his real property interest to his son Alvin (plaintiff) and to Alvin's child or children if any survived him, providing that if Alvin had no surviving children, the interest would instead pass to Jessie Koonsman and Cora Guilliams (defendant). At J.J.'s death, Alvin was alive with one son, John Billy Koonsman, and the trial court characterized Alvin's interest as a defeasible fee; Guilliams appealed that characterization.
IssueFree
Whether a remainder interest is contingent, rather than vested subject to divestment, when a condition on taking is incorporated directly into the gift to the remainderman.