A recent Texas case, Knopf v. Gray LLC (Texas Sup. Ct. No. 17-0262, March 23, 2018), demonstrates how courts interpret unclear language in wills. In this case, Vada Wallace Allen gave her son, Robert Gray, 316 acres of land in Robertson County, Texas, under the following wording:
NOW BOBBY I leave the rest to you, everything, certificates of deposit, land, cattle and machinery, Understand the land is not to be sold but passed on down to your children, ANNETTE KNOPF, ALLISON KILWAY, AND STANLEY GRAY. TAKE CARE OF IT AND TRY TO BE HAPPY.
Robert Gray subsequently sold the land to Polasek Farms and two of his children, Annette Knopf and Stanley Gray, sued arguing that all their father could sell was his lifetime interest in the property.Read More