DocketNumber： C-330
Judges： Waggoner Carr
Filed Date： 7/2/1964
Status： Precedential
Modified Date： 2/18/2017
THEATTORNEYGENERAI.. OW.XAS October 9, 1964 Hon. John H. Winters, Opinion No. C- 330 Commissioner State Department of Public Re: Whether a life estate Welfare in real property may John H. Reagan Building be sold or mortgaged. Austin, Texas Dear Mr. Winters: You request our opinion as to whether a life estate in real property may be sold or mortgaged, A life estate tenant is entitled to all profits or income from the estate during his tenancy, but he cannot dis- pose of the corpus of the estate unless specificallyauthorized to do so. An implied power to dispose of the corpus by the life tenant of an express life estate does not exist in Texas. v. Shelton,302 S.W.2d 268
(Tex.Civ.App.1957, error ref. n.r.e. HT. ROwever, a life tenant may sell his life estate interest and the purchaser may enter and hold the land until the death of the life tenant, at which time the estate terminates. . San Antonio, & A.P. Town-Site Co.,83 Tex. 502
,18 S.W. 959
2) M i Rddl 44 S W 203 (Tex.Clv.App.error ref., ; itry; :."' Ei&%, 148'~;~.265,224 S.W.2d 471
(1949); Trimble v. armer, T??iTex. 533,305 S.W.2d 157
(1957). Also, it Is well accepted that a life tenant may mortgage his life estate. Moore v. Moore,198 S.W. 659
(Tex.Clv.App.1917, error ref.); Trimble v. Farmer, aupra. Therefore, It is our opinion that a life estate in real property may be sold or mortgaged. SUMMARY A life estate In real property may be sold or mortgaged. -1576- Hon. John H. Winters, page 2 (C- 330) Yours very truly, WAGGONER CARR Attorney General -Y Ivan R. Williams, Jr. Assistant 1RWjr:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Pat Bailey Gordon Cass John Fainter Kerns Taylor APPROVED FOR THE ATTORNEY GENERAL BY: Roger Tyler - 1577-