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Kajo Church Square, Inc. v. Walker

Court of Appeals of Texas

2003 WL 1848555

Relevant factsFree

Don and Patsy Walker and Joe and Miriam Eakin (plaintiffs) transferred two parcels of land to a church, part gift and part sale, with a deed that said nothing about retaining a life estate. The church then leased one parcel back to them for a term lasting 'until the date of death of the last of the Lessees to die.' Four years later the church sold both parcels to Kajo Church Square, Inc. and its affiliates (defendants), who terminated the lease just a week after buying the property. The Walkers and Eakins sought a declaratory judgment that they had either retained a life estate in the land or, alternatively, held a lifetime leasehold, and argued that if it was a leasehold, Kajo's termination breached the contract's life-of-the-lessees term. Both sides moved for summary judgment; the trial court sided with the Walkers and Eakins, and Kajo appealed.

IssueFree

Whether a lease term running until the death of the last surviving lessee creates a valid leasehold for life.

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