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Browning v. Sacrison

Oregon Supreme Court
518 P.2d 656 (1974)

Written by Sean Carroll, JD

Facts

Kate Webb’s will left farmland in a life estate to her daughter, Ada Sacrison. The will left the remainder to Webb’s grandsons, Franklin Browning and Robert Sacrison (defendant). Finally, the will provided that in no event should the property go to the grandchildren’s father, Clyde Browning. Webb died in 1954. Franklin predeceased Ada in 1972 without having had any children. Franklin’s widow (plaintiff) filed a petition seeking an order that Franklin and Robert’s remainder interests under the will were vested upon Webb’s death. The trial court ruled in favor of Robert, finding Franklin and Robert’s remainder interests to be contingent upon them surviving the life tenant Ada. Franklin’s widow appealed.

Rule of Law

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Issue

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Holding and Reasoning (O’Connell, C.J.)

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