Estate Of Campbell

942 P.2d 1008 (1997)

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Nature of the Case

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Facts

George executed his will in September of 1994. He left the majority of his assets, including real property and all interest in community property, to his wife of 13 years, D. George also gave D a life estate in the family home, with the remainder over to Ps from a previous marriage. George made the following provisions regarding the life estate: D was to have undisturbed possession of the house and land, including all George's tools and equipment, furniture, and furnishings, so long as she wishes to live there. If she was unable or does not desire to remain on the property, to require payment from Ps of 1/3 of the value of the house and its lot of one acre. The value is to be established by an appraisal, if necessary, with D and Ps jointly to each select one appraiser and those two a third. D had the option to take 1/3 of the assessed value of the buildings and 1/4 of the assessed value of the land if she so desires. If Ps failed to pay D for her share of the property it was to be sold and the receipts divided. The will required that 'all property expenses, except utilities, including maintenance and repair, taxes, [and] insurance on buildings,' be paid by Ps, and that any expenses not paid equally by Ps be reimbursed to the payor with interest at the legal rate. Ps filed a petition seeking judicial determination of the parties' rights and obligations. D testified at trial that she and George had spoken frequently about his estate in the months preceding his death and that she believed he wanted her to live in the family home as long as she liked, but that she was uncertain whether George intended to terminate the life estate if D were to move from the family home. The court ruled for D that even if she moved out the estate would continue. It also rules that Ps were obligated to pay the expenses. Ps appealed.