White v. Brown
Citation
559 S.W.2d 938 (Tenn. 1977). Supreme Court of Tennessee.
Facts
Jessie Lide’s holographic will stated: “I wish Evelyn White to have my home to live in and not to be sold.” Evelyn White claimed the will conveyed a fee simple absolute. Lide’s heirs (the Browns) argued the language — particularly “to live in and not to be sold” — created only a life estate, with the remainder passing to them under the intestacy laws.
Issue
Did the testator’s will convey a fee simple or a life estate in the home?
Holding
The Tennessee Supreme Court held that the will conveyed a fee simple absolute to Evelyn White. The attempted restraint on alienation (“not to be sold”) was void.
Rule / Doctrine
Tennessee’s statute creates a strong presumption that an ambiguous testamentary conveyance passes a fee simple unless the intent to pass a lesser estate (such as a life estate) is clearly expressed. Courts prefer fee simple over life estate when the language is ambiguous. Additionally, absolute restraints on alienation of a fee simple — prohibitions on sale that are unlimited in duration — are void as against public policy. The phrase “to live in” was insufficient to clearly limit the estate to a life estate.
Significance
White v. Brown illustrates the presumption in favor of fee simple in ambiguous wills, the hostility of the common law to restraints on alienation, and the interpretive default rules courts apply when testamentary language is unclear. It is a standard first-year property case on estates in land.