Usry v. Farr

553 S.E.2d 789 (2001)

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Nature of the Case

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Facts

Watson died in 1967. His will provided successive life estates in his lands, first to his wife Lucille and then to their children, with the remainder to his grandchildren. Watson had three children, the last of whom died in 2000. There are five appellants: the four children of Watson's son Jack, and Jack's widow, Evelyn. Watson's fifth grandson, Hoyt, died in 1970 leaving three young children, all of whom were alive at the time of Watson's death. Appellants claim that the remainder vested upon the death of the last life tenant and not upon the death of Watson. Therefore, because they are the only grandchildren who survived the life tenants, they take all lands under the will. Appellees contend that the remainder vested upon Watson's death and that Hoyt, who survived Watson, had a vested interest under the will, and therefore his children stand in his shoes and take under the will along with appellants.