Folsom v. Rowell

Howard Folsom's will left his property in a life estate to his mentally disabled daughter Alma, with the remainder going upon her death to whichever of his other children cared for her, or to any non-child caregiver if none of his children did. Alma lived successively with her sister Lillian Rowell (1960-73), then with Mitchell Folsom (a sister-in-law, 1973-94), then with granddaughter Linda Smith (1994-2001), with grandsons (the Folsom heirs, defendants) performing only house maintenance rather than direct care. After Alma's death in 2001, a Rowell heir sought construction of the will, and the superior court ruled that only the Rowell heirs -- through Lillian's early caregiving -- could take under the will, denying Smith's motion for partial summary judgment; the Folsom heirs and Smith both appealed.