Ogle v. Ogle
Tennessee Supreme Court
880 S.W.2d 668 (1994)
In 1984, General Ogle (General) died leaving a will providing his wife, Loretta Ogle (Loretta) (plaintiff), real and personal property “for her lifetime and at her death the remainder, if any at that time” to be divided equally among his three children from a prior marriage: Bobbie Ogle, Bonnie Ogle, and Betty Ogle (defendants). After the General’s death, Loretta executed a deed purporting to convey real property in fee simple to her son from a prior marriage: Fred Loveday (plaintiff). Loretta and Loveday instituted a declaratory judgment proceeding asking the court to declare that the General’s will provided Loretta with a life estate coupled with an unlimited power of disposition, such that she could convey property to Loveday. The defendants asserted that the will gave Loretta a life estate, but no power of disposition. The trial court found for the defendants and declared that the will granted Loretta a life estate only. The court of appeals reversed. The defendants appealed.
Rule of Law
Holding and Reasoning (Reid, J.)
Dissent (Drowota, J.)
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