Sybert v. Sybert
Supreme Court of Texas
254 S.W.2d 999 (1953)
J.H. Sybert's will left all property to his wife Cora, with one parcel passing as a life estate to their son Fred upon Cora's death and then vesting in fee simple "in the heirs of his body"; Cora's own will used identical language. Fred died after both parents, leaving no children, survived only by his wife Eunice Sybert (defendant). Two of Fred's brothers sued, claiming their parents' wills conveyed Fred only a life estate, so the property should pass to them rather than to Eunice; Eunice argued Shelley's Rule converted Fred's interest into fee simple title vesting in him at his parents' deaths, and both the trial court and appellate court agreed, prompting the brothers' appeal.
Whether Texas law follows Shelley's Rule, whereby an instrument purporting to grant a life estate in real property and using the words "heirs" or "heirs of his body" to designate the intended grantees of a remainder interest will be construed to convey fee simple title to the grantee of the life estate.