Rushing v. Mann

910 S.W.2d 672 (1995)

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Nature of the Case

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Facts

Comer died in 1951 and left land to his niece for life and then to Lester for life and then to the heirs of his body but if there were no bodily heirs, to Claude in fee simple. Claude predeceased Lester who later died without issue three years before the niece's death. The Chancellor gave the property to the heirs of Claude under a ruling that it was a vested fee simple remainder subject to defeasance. Because the defeasance did not occur, the Mann Heirs prevailed over the Comer heirs. Comer heirs contend that Claude's interest was a contingent remainder and the contingent remainder did not vest. This appeal resulted.