Disclaimer Did Not Waive Devise of Lifetime Mineral Benefits in Additions to Conventional Life Estate

摘要

The court in Phillips v. Ivy, 160 S.W.3d 91 (Tex. App.--Waco 2004, pet. denied), interpreted the devise by James Bradford Ivy of a life estate in minerals to his wife Betty and a disclaimer signed by Betty Ivy. Article III of James Bradford Ivy's will read as follows: I hereby give, devise and bequeath all of my real property, whether separate or community to my daughter NADINE IVY PHILLIPS, subject however to a life estate in said real property, including all the oil, gas, coal and other minerals which I hereby give, devise and bequeath to my wife, BETTY JEAN IVY, to use and enjoy during her lifetime, including all rents and profits therefrom as well as bonuses and royalty income. Id. at 93. Betty Ivy filed a timely disclaimer in which she refused to accept "any interest under Article III of the will other than a life estate, it being my intent hereby that I have no interest in the remainder of such property." Id. Nadine filed a declaratory judgment action for construction of the will and Betty's disclaimer. The principal issue on appeal of the trial court's summary judgment for Betty was whether Betty, after her disclaimer, was entitled to more than a conventional life estate in James Bradford Ivy's minerals.