Supreme Court of Georgia
553 S.E.2d 789 (2001)
Watson Usry’s will provided a life estate in his lands to his wife Lucille, and upon her death gave life estates to their children who survived Lucille, with the remainder to Usry’s grandchildren. Specifically, Usry’s will stated that “upon the death of my last surviving child title in fee simple to said lands shall vest in my grand-children.” Usry’s will also stated that his intent was to “provide for the welfare of my loved ones who survive me.” Usry was survived by Lucille and three children (the life tenants). One of Usry’s grandsons, Hoyt, predeceased the life tenants. The children of Usry’s son Jack, argued that the remainder interests vested upon the death of the last life tenant, and that they were entitled to the lands because they were the only grandchildren to survive the life tenants. Hoyt’s children argued that the remainder interests vested upon Usry’s death, and that Hoyt had a vested interest in the lands, which should pass to them. The trial court held that the grandchildren’s remainder interests vested at Usry’s death, rather than at the death of the life tenants, and Jack’s children appealed.
Rule of Law
Holding and Reasoning (Fletcher, C.J.)
Dissent (Carley, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.