2 Texas Probate, Estate and Trust Administration § 40.04B

Summary

• [1] Comment—Use of Form

  This form may be used in a petition to construe a will as an allegation that an ambiguity exists in the will concerning whether the rule in Shelley’s case applies to a particular devise. The allegation may be inserted in the plaintiff’s general petition for a declaratory judgment set out in § 40.03A, in place of the paragraph in that form setting forth facts showing the ambiguity in the language of the will.1

  The rule in Shelley’s Case generally applies when a provision in the will gives the beneficiary a life estate, with a remainder interest given to the beneficiary’s heirs. The rule operates to give the remainder as well as the life estate to the beneficiary.2 The rule in Shelley’s case applies to wills that were effective before January 1, 1964.3 It is strictly construed and does not apply to any will whose language does not bring it within ...