Webb v. Underhill

882 P.2d 127 (1994)

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Webb v. Underhill

Oregon Court of Appeals
882 P.2d 127 (1994)

  • Written by Mary Pfotenhauer, JD

Facts

Ernest Webb’s will gave his wife Agnes a life estate in his property to use during her lifetime or until she remarried. Upon her death or remarriage, the remainder was to be divided among their children, Wayne, Delores, Delbert, and La Velle Underhill (the children), or, if a child was deceased, to his or her descendants. Following Ernest’s death, Delbert died, leaving his wife Carol and three children (the grandchildren). Carol was a tenant on a portion of Ernest’s property. Agnes, Wayne, Delores, Carol, and the grandchildren (plaintiffs) brought an action against La Velle (defendant), to partition the property. The trial court found that the children’s and grandchildren’s interests were contingent on surviving until Agnes’s death or remarriage. Because none of parties had a vested interest in the property, the trial court granted summary judgment in favor of La Velle and dismissed the action. Agnes, Wayne, Delores, Carol, and the grandchildren appealed.

Rule of Law

Issue

Holding and Reasoning (Rossman, P.J.)

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