Butler v. Shelton

In Butler v. Shelton, 408 S.W.2d 530, 534 (Tex. Civ. App.--Austin 1966, writ ref'd n.r.e.), the court held that a real property conveyance by way of general warranty deed to a trust did not make the trust irrevocable. While the court highlighted the fact that the general warranty deed did not include the term "forever," the court noted, "It would be a strained and unwarranted construction to hold that the statutory form of general warranty in a trust deed has the effect of expressly making it irrevocable." See id. See generally Tex. Prop. Code Ann. 5.022 (West 2004) (providing the form of a covenant of general warranty including the phrase, "To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said , his heirs or assigns forever." ).