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Usry v. Farr

Under the terms of the testator's will, the remainder interest which he left to his grandchildren vested at time of the testator's death and not at the death of his last surviving life tenant.

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At issue in this appeal is when title to the remainder interest under the will of Watson Usry vested. On summary judgment, the trial court held that the remainder vested at the time of Usry’s death and not at the death of the life tenant. Because Usry’s will expressed the intention of providing for those who survive him and all five grandchildren survived him, we affirm.

Watson Usry died in 1967. The relevant clause of Usry’s will provided successive life estates in his lands, first to his wife Lucille and then to their children, with the remainder to his grandchildren. Usry had three children, the last of whom died in 2000. There are five appellants: the four children of Usry’s son Jack, and Jack’s widow, Evelyn. Usry’s fifth grandson, Hoyt, died in 1970 leaving three young children, all of whom were alive at the time of Usry’s death.1 Hoyt’s three children are the appellees. Appellants claim that the remainder vested upon the death of the last life tenant and not upon the death of Usry. 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 Usry’s death, and that Hoyt, who survived Usry, had a vested interest under the will, and therefore his children stand in his shoes and take under the will along with appellants.

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