Public-domain · open source
OpenJurist

625 S.W.2d 751

Perry v. Hinshaw

Court of Appeals of Texas

Decided October 28, 1981

Court of Appeals of Texas · decided 1981-10-28

Cited by 2 later decisions — most recently May 2008

2 state decisions

Relies on Jensen v. Cunningham

Good law ✅— No negative treatment on recordhow we know

Decided 1981-10-28

View the full empirical analysis of this case →

¶1OPINION ON MOTION FOR REHEARING

¶2We have considered Vera Perry’s motion for rehearing and overrule the same. Ms. Perry relies heavily upon the case of Jensen v. Cunningham, 596 S.W.2d 266 (Tex.Civ.App.—Corpus Christi 1980, no writ) for the proposition that the use of the word “surviving” in the disputed paragraph provides the uncertainty necessary to create a class gift. Our reading of Jensenis that the basis of the holding therein was the evidence of an overall testamentary scheme which was discernible by the use of contrasting language in differing paragraphs. Moreover, although the court in Jensendid state that the subject will provided the necessary uncertainty by its express survivor-ship terms, we do not find its cited authority to be supportive of such.

¶3Ms. Perry has expressed concern that we have rendered the use of the word “surviving” meaningless. We agree with the parties that the use of this term imposed a condition and was meaningful. Our holding is that “surviving” was a condition to taking which, if not met, resulted in a lapse.

¶4Rehearing denied.

/625/sw2d/751 · .json · Public domain