Dickson v. Houston

425 S.W.2d 586, 221 Tenn. 138, 25 McCanless 138, 1968 Tenn. LEXIS 453
CourtTennessee Supreme Court
DecidedMarch 8, 1968
StatusPublished
Cited by2 cases

This text of 425 S.W.2d 586 (Dickson v. Houston) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickson v. Houston, 425 S.W.2d 586, 221 Tenn. 138, 25 McCanless 138, 1968 Tenn. LEXIS 453 (Tenn. 1968).

Opinion

Me. Justice Ceeson

delivered the opinion of the Court.

This case involves construction of the will of Elmer Luther Maples. The Chancery Court of Knox County, Tennessee, rendered decision in favor of the appellees, upon stipulated facts. It is for this reason that the appeal comes directly to this Court, under T.C.A. sec. 16-408.

Ben Dickson, et al., are the trustees of the Fort Sanders Baptist Church, an unincorporated religious organization in Knox County. Appellee, Mrs. F. S. (Ida D.) Houston, is the beneficiary of the will of Mrs. Dor&S. Maples, former wife and widow of Elmer Luther Maples. Appellee Jack D. Houston is administrator cum testa-mento annexo under the last will and testament of Mrs. Dora S. Maples.

This suit involves the ownership of a house and lol located at 2217 Highland Avenue, Knoxville, Tennessee. Title to'the property was vested solely in Elmer Luther Maples, prior to his death. He also owned, with Dora S. Maples, as tenants by the entireties, a house and lot adjacent to the disputed property. His personal property holdings were insubstantial.

[140]*140The will of Elmer Luther Maples was apparently-drawn by an attorney. In Section I, the testator provided for the payment of debts, funeral expenses and administration expenses. In Section III, the last part, Mrs. Dora Maples was named executrix, with full power to execute the will according to its true and intended meaning; and was excused from bond, report and settlement. Section II contained two sentences set forth in separate paragraphs. This section forms the hub of this litigation. It is as follows:

“I give, devise and bequeath to my beloved wife, Dora Maples, all of my property, real, personal and mixed wherever situated, now or hereafter owned by me.
After the death of my wife, it is my will and I hereby give, devise and bequeath all of the rest and residue of my estate to the Fort Sander’s Baptist Church, 1646 Highland Avenue, Knoxville, Tennessee.”

This will was executed on the 22nd day of April, 1959, and was probated on May 5, 1960, one week after the testator’s death.

The testator’s wife, Dora S. Maples, died testate in Knox County, Tennessee, on March 4, 1965. In her will, executed on November 24, 1962, more - than two years after the death of her husband, she made the following provision:

“I give, devise, and bequeath all my property, real, personal, and mixed, to my friends and neighbors, Mr. and Mrs. F. S. Houston, who have looked after and eared for me since the death of my husband. ’ ’

There are no questions directly concerning the will of Mrs. Maples involved in the present litigation.

[141]*141All tlie facts in the case were stipulated by the parties and may be summarized as follows: (1) That Elmer Luther Maples died testate on April 28,1960, and was, at the time of his death, the owner in fee simple of the property referred to as 2217 Highland Avenue, Knoxville, Tennessee, (2) that Dora S. Maples was his surviving widow, and that she died testate on March 4, 1965, leaving the property in question to Mr. and Mrs. P. S. Houston, (3) that the appellees took possession of the property immediately after the death of Mrs. Maples, collected the rents and paid certain expenses with respect to the property, and (4) that Mrs. Dora B. Maples was a member of Port Sanders Baptist Church, but Elmer Luther Maples was not.

The appellants filed the original bill, seeking (1) a decree that the trustees of the Port Sanders Baptist Church were the rightful owners of the property in question, (2) possession of the property, and (3) an accounting from the appellees for all rents and profits from the date of Mrs. Maples’ death to the present. It is their contention that, by the testator’s will, Mrs. Dora Maples took only a life estate in the property, with a fee simple remainder vested in the trustees of the Port Sanders Baptist Church and their successors in office.

The appellees, by their answer, denied that their possession of the property was unlawful. They alleged that under the will of Elmer Luther Maples, Mrs. Maples received the property in fee simple; and that she devised that same property, in fee simple, to the appellee, Mrs. P. S. Houston.

The Chancellor’s decree, in favor of the appellees, was elucidated by a memorandum opinion. He concluded that the two paragraphs in Section II of the will were re-[142]*142pugnan!. He further found that the first paragraph in Section II was plain, clear, unambiguous, and open to no doubt whatsoever; and that clause passed an absolute fee simple title to Mrs. Maples of all the property owned by the testator at the time of his death. He took the view that, since the testator had given “all” his property to his wife, there could be no ‘ ‘ rest or residue ’ ’; and therefore the second paragraph in Section II was void and ineffective.

This appeal comes to us for hearing de novo upon the record, accompanied by a presumption of the correctness of the Chancellor’s decree. T.C.A. secs. 27-303 and 27-304. It is also pertinent to here say that if the decree of the Chancellor below is correct for any reason, whether for that stated or another, it is our function to affirm that decree, stating our reason. Cannon Mills, Inc. v. Spivey (1961) 208 Tenn. 419, 346 S.W.2d 266.

There is no room for debate, in light of rules of property long recognized in this State, that the first paragraph of Section II of the will of Elmer Luther Maples passed his entire title to all property of which he died seized and possessed; and was adequate to create in his surviving widow, Dora Maples, a fee simple estate. T.C.A. sec. 64-101 and sec. 64-501, and authorities there cited.

This is not disputed by the appellants, in so many words. The contention of appellants is that the second paragraph in Section II shows an intent on the part of the testator to pass a less estate or interest than a fee simple, in the first paragraph. They urge that Mrs. Maples took only a life estate, with the remaining fee simple estate going to them.

[143]*143The question for decision thus becomes 'whether the subsequent language, that in the second paragraph of Section.II, serves to diminish to a lesser estate the fee simple vested in Mrs. Maples in the first paragraph of Section II.

The rule of construction to be applied in determining this issue was stated in Meacham v. Graham (1897) 98 Tenn. 190, 39 S.W. 12, as follows:

‘ ‘ The rule is well settled that courts refuse to cut down an estate already granted in fee or absolutely, when the supposed terms of limitation are to be found in some subsequent portion of the will, and are not, in themselves, clear, unmistahable, and certain, so that there can be no doubt of the meaning and mtention of the testator.” (Emphasis added)

See also Smith v. Reynolds (1938) 173 Tenn. 579, 121 S.W.2d 572; 4 Page on Wills, sec. 37.28 (Bowe-Parker Ed.)

The limiting clause in the present case states that at Mrs. Maples’ death, “all of the rest and residue of my estate” goes to the Church.

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In re: Estate of Ralph I. Cammack
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486 S.W.2d 758 (Court of Appeals of Tennessee, 1971)

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Bluebook (online)
425 S.W.2d 586, 221 Tenn. 138, 25 McCanless 138, 1968 Tenn. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-houston-tenn-1968.