Browning, v. Sacrison

518 P.2d 656 (1974)

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Nature of the Case

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Facts

Kate was the maternal grandmother of Franklin Browning and D. Her will, executed in 1943 when Franklin was 20 and D 13, contained the following provision: 'I give and devise to my daughter, Ada W. Sacrison, a life estate for the term of her natural life in and to all real property belonging to me at the time of my death, ...with remainder over at the death of the said Ada W. Sacrison, share and share alike, to my grandsons, Francis Marion Browning and Robert Stanley Browning, or, if either of them be dead, then all to the other, subject to a like condition as to the use of the same or any portion of the proceeds thereof for Clyde Browning. Kate died in 1954. She was survived by her daughter, Ada, and grandchildren Franklin and D. Franklin died in 1972 without issue. He did not survive the life tenant Ada, who is still alive. P takes the position that the language in paragraph III of the will, creating an interest in the two grandsons 'or, if either of them be dead, then all to the other' refers to the death of the testatrix not the death of their mother Ada, the life tenant. P argues the estate vested at the time of Kate's death. D contends that the grandsons each took a remainder contingent upon surviving the life tenant. The court found for D and P appealed.