Estate of Blardone v. McConnico
Cases that cite this one
13 later published cases cite this decision.
- Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of the D. Kyle Fagin Qualified Subchapter S Trust (Tex. 2025)
- Pebble Beach Property Owners' Ass'n v. Sherer (Tex. App. 1999)
- Benham v. Benham (Tex. App. 1987)
- Town East Ford Sales, Inc. v. Gray (Tex. App. 1987)
- Dempsey v. Apache Shores Property Owners Ass'n (Tex. App. 1987)
- City of Abilene v. Smithwick (Tex. App. 1986)
- Metro Ford Truck Sales, Inc. v. Davis (Tex. App. 1986)
- Young v. Amoco Production Co. (District Court, E.D. Texas 1985)
- Hixson v. Pride of Texas Distributing Co. (Tex. App. 1985)
- Neely v. Jacobs (Tex. App. 1984)
- Beaty v. Bales (Tex. App. 1984)
- Governing Board v. Pannill (Tex. App. 1983)
- Dryden v. Dairyland County Mutual Insurance Co. (Tex. App. 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a will construction case involving the nature of conditions in a testamentary trust. The trust provided that the right of the beneficiary to receive the corpus was conditioned upon (1) the discharge of his debts and (2) a request that the trustee convey title to him. The court of civil appeals inconsistently states these to be both conditions subsequent and conditions precedent. We agree with the judgment of the court of civil appeals, but we disapprove the language that the conditions involved are conditions subsequent. 604 S.W.2d 278.
A condition subsequent operates to defeat an estate already vested. City of Dallas v. Etheridge, 152 Tex. 9, 253 S.W.2d 640, 642 (1952). A condition precedent must occur before an estate can vest. Id. Here, the trust contains conditions precedent because vesting of the estate was expressly made contingent upon occurrence of such conditions.
The application for writ of error is refused, no reversible error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.