Markutter McIntosh v. Estate of Maggie Williams Turner, Deceased

The case at hand involves the application of Texas Property Statues that were designed to abrogate the Common Law Rule that an “estate in remainder expectant on the death of the grantor, could not be created.” TEX.REV.CIV.STAT.ANN. Art. 1296 and the current Texas Property Code Sec. 5.041 were enacted to abrogate the referenced Common Law Rule: Article 1296, Revised Civil Statutes 1925, stated: An estate or freehold or inheritance may be made to commence in futuro, by deed or conveyance, in like manner as by will Texas Property Code Sec. 5.041 states: A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will. Petitioner was the Grantee in a Warranty Deed supported by Consideration in real property transaction involving in excess of 600 acres with mineral and royalty rights, the transaction was governed by Texas Property Code Sec. 5.041. The Texas Appellate Court permitted the divesting of the real property with mineral and royalty rights from Petitioner/Grantee back to Respondent/ Grantor in a multi-deed conveyance transaction by the Grantor based on a void clause in the original Warranty Deed between Petitioner/Grantee and the Respondent/ Grantor said clause being that Respondent/Grantor possessed a unilateral power to sell the entire fee hold without Petitioner/Grantee permission. (See App. 23) The question presented is whether the State Appellate Court’s expansion of the legal parameters of