White v. Brown, 559 S.W.2d 938 (Tenn. 1977)
White v. Brown is an influential property law case decided by the Supreme Court of Tennessee that addressed the interpretation of will provisions as either creating a life estate or a fee simple absolute interest.
Whether the language in Mrs. Lide's will, which states that the property is 'not to be sold,' creates a life estate or a fee simple absolute in favor of Evelyn White.
The rule applied is that courts generally presume a fee simple interest unless there is clear evidence of the testator's intent to create a more limited interest, like a life estate. Ambiguities in wills are often resolved in favor of passing the largest estate possible to the beneficiary.
The court held that the will granted Evelyn White a fee simple absolute, and thus she could sell the property.
This case clarifies the interpretation of ambiguous will provisions and emphasizes the doctrine of presumption in favor of fee simple estates. It highlights the court's role in discerning testator intent and how the doctrine of waste applies to life estates, serving as a key case in property law for students and practitioners alike.