Webb v. Underhill

882 P.2d 127 (1994)

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Nature of the Case

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Facts

Ernest died in 1972. His will devises all of his property to his wife Agnes for life, or until she remarries, with the remainder of the property to be divided equally among four of Ernest's six children upon Agnes' death or remarriage. If anyone of the four named children is deceased at that time, that one-quarter share will go to his or her lineal descendants, if any. Agnes got a life estate in the property unless she remarried wherein two Ernest's children would get $1 each, and the remainder was to be divided equally between the other four children. If one of those four died to the dead child's lineal descendants and if none to the survivors of the four or their lineal descendants. Same distribution if the wife died. Delbert died after Ernest. The children and Delbert's children want to sell the estate and distribute it according to their present interests. The court held they could not as the class for the gift would not close until either Agnes got remarried or she died. Ps appealed.