Logourl black
From our private database of 13,000+ case briefs...

Webb v. Underhill

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


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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Rossman, P.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. 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.

  2. 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 128,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 176 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.