LEWIS V. SEARLES
452 S.W.2d 153 (1970)
NATURE OF THE CASE: Lewis (P) appealed a declaratory judgment that P had a life estate
and a fee simple interest in an undivided one-third thereof, in P's suit to have title to
real estate quieted in her in fee and to have a will construed.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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