Margaret A. Caples v. T. W. Ward

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Joseph A. Caples possessed a vested remainder in his father’s residuary estate. The Court explained that the remainder is vested, subject only to a condition subsequent (death before the life tenant’s death), and therefore may be levied upon by execution. The decision rests on established principles of vested remainders and the effect of a life tenant’s power of sale.