Estate of Campbell
Court of Appeals of Washington
942 P.2d 1008 (1997)
George Campbell's will left his wife Wilma a life estate in the family home "so long as she wishes to live there," with a remainder to his children from a prior marriage, and gave Wilma the option to receive a payout from the children if she was unable or unwilling to remain on the property; the will also made the children responsible for all property maintenance expenses. The children petitioned for a judicial determination that Wilma's life estate would terminate if she moved out, and that the maintenance-payment provision was unenforceable; the trial court ruled for Wilma on both issues, and the children appealed.
Whether, if a will grants a life estate in clear and decisive terms with no affirmative limit on the holder's use of the estate, the holder's life estate terminates if she moves from the estate.