Browning v. Sacrison
Oregon Supreme Court
518 P.2d 656 (1974)
Kate Webb's will left farmland in a life estate to her daughter Ada Sacrison, with the remainder to her grandsons Franklin Browning and Robert Sacrison (defendant), expressly excluding the grandsons' father. Webb died in 1954; Franklin predeceased Ada in 1972 without children. Franklin's widow (plaintiff) petitioned for a ruling that Franklin and Robert's remainder interests had vested immediately upon Webb's death, meaning Franklin's share would pass through his own estate to her rather than lapsing. The trial court ruled for Robert, finding the remainder interests contingent on surviving Ada, and Franklin's widow appealed.
Whether a devise to a life estate with a remainder conditioned on an ambiguous form of survivorship is generally deemed contingent upon the remainderman surviving the life tenant.