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Hall v. Hall

Tennessee Supreme Court

604 S.W.2d 851 (1980)

Relevant factsFree

T.A. Hall deeded property to his wife Betty (plaintiff) subject to an express condition: if T.A. died and Betty remarried, the deed would be void as to her and the property would pass instead to T.A.'s children. After T.A. died, Betty, still unmarried, conveyed the property in fee simple absolute to the Dixons (plaintiffs). Opal Hall (defendant), a daughter-in-law, challenged that conveyance, arguing the Dixons' title remained contingent on Betty never remarrying; Betty and the Dixons sought a declaratory ruling that the conveyance was valid and unconditional, and the lower courts agreed with them.

IssueFree

Whether an express restriction on a fee, conditioning its continuation on the original grantee not remarrying, is valid and enforceable against a subsequent grantee.

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