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eBook details

• Title: Ruth G. Mcgill v. J. Willis Johnson
• Author : Supreme Court of Texas
• Release Date : January 28, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This will construction case involves a dispute over the ownership of a remainder interest in certain real property and the application of the open mine doctrine. The petitioners appeal the trial courts declaratory judgment interpreting the will of J. Willis Johnson, Jr. (Testator). The trial court found 1) that the will created a remainder interest contingent upon the remaindermen surviving the life tenant, and 2) that the open mine doctrine applied to oil and gas leases executed by the testamentary trustee. The court of appeals affirmed the judgment. REF775 S.W.2d 826/REF (1989). We reverse in part and affirm in part. We disagree that the terms of the will created a contingency based on survival. We agree, however, that the open mine doctrine is applicable.

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