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Property Law Keyed to Dukeminier
Knopf v. Gray
Citation:
545 S.W.3d 542 (Tex. 2018)Facts
Vada Wallace Allen’s will disposed of her entire estate, including approximately 316 acres of land in Robertson County, Texas. The contested provision stated: “NOW BOBBY I leave the rest to you, everything, certificates of deposit, land, cattle and machinery, Understand the land is not to be sold but passed on down to your children, ANNETTE KNOPF, ALLISON KILWAY, AND STANLEY GRAY. TAKE CARE OF IT AND TRY TO BE HAPPY.” Bobby and his wife later conveyed the land in fee simple to Polasek Farms via multiple warranty deeds. Two of Bobby’s children, Annette Knopf and Stanley Gray, sued Bobby, Karen, and Polasek Farms, seeking a declaratory judgment that Allen had devised only a life estate to Bobby, thus precluding him from delivering a greater interest to Polasek Farms. The trial court found that the contested provision contained an invalid disabling restraint and that the will vested Bobby with a fee-simple interest in the property. The court of appeals affirmed.
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