Weems v. Frost National Bank of San Antonio
301 S.W.2d 714 (1957)
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Rule of Law:
A devise to multiple, individually named beneficiaries does not create a class gift with rights of survivorship unless the will includes explicit words of survivorship. The use of the word "jointly" is insufficient on its own to create a joint tenancy with such rights.
Facts:
- On July 17, 1933, Zuleika Weems Felder executed her will.
- Paragraph 3 of the will devised a one-half interest in a specific royalty to four named cousins: M. A. Weems, Mrs. A. I. Craig, Z. E. Weems, and S. S. Weems.
- The will stated that this interest was 'to be held by them jointly'.
- The will did not contain any specific language granting a right of survivorship among the four cousins.
- Three of the four named cousins—M. A. Weems, Mrs. A. I. Craig, and Z. E. Weems—died before the testatrix, Zuleika Weems Felder.
- Zuleika Weems Felder died on March 27, 1953, leaving S. S. Weems as the sole survivor of the four cousins named in paragraph 3.
- The will also contained a residuary clause devising all property not specifically bequeathed to other relatives.
Procedural Posture:
- The Felder group (appellees) filed suit in the trial court against Frost National Bank, the executor of Zuleika Weems Felder's estate, to construe the will and claim property.
- S. S. Weems (appellant) filed an answer, asserting that he was entitled to the entire royalty interest devised in paragraph 3 as the sole survivor of the named beneficiaries.
- The trial court held that the bequests to the three cousins who predeceased the testatrix had lapsed and that paragraph 3 did not create a class gift.
- The trial court entered a judgment awarding S. S. Weems only his original one-fourth of the devised interest, with the lapsed shares passing to the Felder group.
- S. S. Weems and other heirs of a predeceased cousin appealed the trial court's decision to the Court of Civil Appeals of Texas.
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Issue:
Does a devise to a group of individually named beneficiaries, described as being held 'by them jointly' but lacking specific words of survivorship, create a class gift that prevents the shares of beneficiaries who predecease the testator from lapsing?
Opinions:
Majority - Fraser, Justice
No. A devise to individually named beneficiaries does not create a class gift with a right of survivorship, and the shares of the predeceased beneficiaries therefore lapse. A key requisite for a class gift is that the beneficiaries are a body of persons uncertain in number at the time of the bequest. Here, the testatrix specifically named the four cousins, making the number of beneficiaries definite and certain. The court reasoned that this indicates an intent to make individual gifts, not a gift to a class. Furthermore, under Texas law, the word 'jointly' is not sufficient to create a right of survivorship in the absence of explicit language to that effect. Because there were no words of survivorship, the gifts to the three cousins who predeceased the testatrix lapsed and passed through the will's residuary clause to the testatrix's other heirs.
Analysis:
This decision reinforces the traditional common law preference against joint tenancies with rights of survivorship in wills, particularly under Texas statutes. It clarifies that for a gift to be construed as a 'class gift' where survivors take the entire share, the testator's intent must be clear, and merely naming individuals is strong evidence against such an intent. The ruling also firmly establishes that the term 'jointly' alone will not overcome the statutory presumption of a tenancy in common. For future estate planning, this case underscores the need for practitioners to use explicit language, such as 'with right of survivorship,' if they intend to create a joint tenancy where the survivor inherits the whole interest.
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