Lewis v. Searles

452 S.W.2d 153 (1970)

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Nature of the Case

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Facts

Lewis (P) was in possession of real property, which was left to her by her aunt. The aunt's will devised all her property to P, 'so long as she remains single and unmarried.' In the event that P did marry, the estate was to be divided equally among P and the aunt's other niece and nephew. P sought a declaratory judgment that the will conveyed to her a defeasible fee simple rather than a life estate in the property. Although P never married, she also requested that the provision conditioning her interest on the property upon her remaining single be stricken from the will as being against public policy. The lower court found that the aunt intended to grant a life estate in P, as well as a one-third interest in fee in the event she remarried. P moved for a new trial. The motion was overruled, and P appeals.