Background - In 2009, Maggie Williams Turner executed a warranty deed conveying 13 tracts in Marion County to Markutter McIntosh to take effect on Turner's death, while expressly reserving during her life full possession, rents/profits, and a unilateral power of sale (i.e., an enhanced life estate or "Lady Bird" deed). - The 2009 deed was recorded the same day it was executed; an attorney (Finstrom) prepared the deed and corroborated Turner's intent in an affidavit. - In 2013 Turner conveyed the same property in fee simple to Maggie Turner, L.L.C.; Turner was the LLC’s sole member. - McIntosh sued, alleging the reservation of a unilateral power of sale was void under Texas law (including Tex. Prop. Code § 5.041 and as an unlawful restraint on alienation) and that the 2013 conveyance improperly divested her interest. - Mildred Bonner, independent executrix, moved for partial summary judgment seeking a declaration that McIntosh had no interest in the property because Turner’s life reservation and subsequent conveyance terminated McIntosh’s contingent remainder. - The trial court granted partial summary judgment for Bonner; McIntosh appealed. The Court of Appeals affirmed. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---|---| | Whether Turner could reserve a lifetime unilateral power to sell that terminated McIntosh’s contingent remainder (i.e., validity of Lady Bird/enhanced life estate reservation) | McIntosh: Reservation is void under Texas law (Tex. Prop. Code § 5.041) and constitutes an unlawful restraint on alienation, so Turner could not unilaterally terminate McIntosh’s interest. | Bonner/estate: The 2009 deed is a valid enhanced life estate (Lady Bird) whereby Turner reserved possession and the lifetime power to convey; Turner’s 2013 conveyance to her LLC lawfully terminated McIntosh’s contingent remainder. | Court: The deed’s language unambiguously reserved Turner’s rights (including power to convey); Texas law permits such future-interest conveyances—Turner’s 2013 conveyance terminated McIntosh’s interest. Summary judgment for the estate affirmed. | ### Key Cases Cited Entergy Gulf States, Inc. v. John Summers, 282 S.W.3d 433 (Tex. 2009) (principles of statutory construction; review of statute’s plain meaning) Davis v. Zeanon, 111 S.W.2d 772 (Tex. Civ. App. Waco 1937) (upholding creation of future estate by deed with grantor’s reservation of disposition rights) York v. Boatman, 487 S.W.3d 635 (Tex. App.—Texarkana 2016) (recognizing a deed may convey an estate to commence in the future) Frost Nat’l Bank v. Fernandez, 315 S.W.3d 494 (Tex. 2010) (summary-judgment principles: defendant may obtain judgment by conclusively establishing an affirmative defense)