Cox v. Forristall

B. T. Freeman’s will left a life estate in his farm to his daughters, Miranda Freeman and Alice Freeman, two of Freeman’s 11 children. The will stated that the life estates of the daughters would terminate if they married; that upon the termination of both life estates, the farm would pass to Freeman’s children in equal shares; that if a child died prior to the termination of both life estates, that child’s share would pass to the child’s then-living issue; and that if a child died prior to the termination of both life estates but did not have any issue, that child’s share would pass to Freeman’s “children then living.” Miranda and Alice both died without issue. Only one of Freeman’s children, Delilah Stackley (defendant), survived the life estates. Three of Freeman’s children died during the life estates with no issue. Five of Freeman’s children died during the life estate with issue who survived the life estates. Stackley argued that the shares of Freeman’s three children who died without issue should pass to Freeman’s other children who were alive at the time of those deaths. Certain of Freeman’s greatgrandchildren (plaintiffs) argued that the shares of Freeman’s three children who died without issue should pass to Freeman’s other children alive at the time of those deaths, and to the issue of other Freeman children who had already died. The trial court sided with the greatgrandchildren, ruling that the shares of Freeman’s three children who died without issue passed to Freeman’s living children and, per stirpes, to the issue of Freeman’s children who had already died. Stackley appealed.