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Usry v. Farr

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.)

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