Alsup v. Montoya

488 S.W.2d 725 (1972)

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Alsup v. Montoya

Tennessee Supreme Court
488 S.W.2d 725 (1972)

JL

Facts

W.C. Alsup owned a farm of approximately 200 acres in Tennessee. Alsup died in 1920, and the disposition of the farm was governed by his will. Alsup’s will directed that the farm be transferred to his three daughters (plaintiffs), during their lives, and then to his grandchildren. The will also provided that the farm could not be sold or alienated by his daughters during their lifetimes. After Alsup’s death, his daughters moved to California, and the farm was rented out or sharecropped. Also, for a number of years, the federal government paid the daughters to not farm the land at all because the farm was placed in the Soil Bank. As a result, the condition of the land and the buildings on the farm deteriorated. Almost 50 years after Alsup’s death, his daughters and two grandchildren (plaintiffs) brought an action to sell the property in order to reinvest the funds that would be generated by the sale. The plaintiffs named Alsup’s grandchildren’s minor children as defendants, representing the possible remaindermen under the will. The trial court determined that a material change in conditions had occurred over the last 50 years and that it was in the best interest of all parties that the farm be sold for reinvestment. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Jenkins, J.)

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