Texas Attorney General Opinion: C-330 Page: 1 of 2
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TlE ArORNEr GENERAL
OF TEXAS
AUSTsN 1, TXAS
WACOXJER CARR A
AIOrEY CsNENRAL
October 9, 1964
Hon. John H. Winters, Opinion No. C-330
Commi ssioner
State Department of Public Re: Whether a life estate
Welfare in real property may
John H. Reagan Building be sold or mortgaged.
Austin, Texas
Dear Mr. Winters:
You request our opinion as to whether a life estate
in real property may be sold or mortgaged.
A life estate tenant is entitled to all profits or
income from the estate during his tenancy, but he cannot dis-
pose of the corpus of the estate unless specifically authorized
to do so. An implied power to dispose of the corpus by the life
tenant of an express life estate does not exist in Texas, Hopson
v. Shelton, 302 S.W.2d 268 (Tex.Civ.App. 1957, error ref. n.r.e.).
However, a life tenant may sell his life estate interest and the
purchaser may enter and hold the land until the death of the life
tenant, at which time the estate terminates. May v. San Antonio,
& A.P. Town-Site Co., 83 Tex. 502, 18 S.W. 959 (192); Morris v.
Eddins, 44 SW.-03S (Tex.Civ.App. error ref., 1898); Stron
Garrett, 148 Tex. 265, 224 S.W.2d 471 (1949); Trimble v. Farmer,
f15TTex. 533, 305 S.W.2d 157 (1957). Also, it is well accepted
that a life tenant may mortgage his life estate. Moore v. Moore,
198 S.W. 659 (Tex.Civ.App. 1917, error ref.); Trimble v. Farmer,
suyra,
Therefore, it is our opinion that a life estate in
real property may be sold or mortgaged.
SUMMAR Y
A lire estate in real property may be sold
or mortgaged.-1576-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-330, text, October 9, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268749/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.