Swanson v. Swanson
Supreme Court of Georgia
514 S.E.2d 822 (1999)
George Swanson's will created two trusts giving his wife Gertrude a life estate, with the remainder to their nine children, and providing that if any child died before Gertrude, that child's surviving children would take his share instead. One son, Bennie Swanson, died before Gertrude but left no children of his own, surviving only his wife Peggy Swanson (plaintiff), the sole beneficiary of his will. After Gertrude died, Peggy sued for a declaration that she was entitled to Bennie's remainder interest; the trial court ruled she was not, and Peggy appealed.
Whether, at the time a will takes effect, a person who would take the property if the life estate ended at that same time holds a vested remainder subject to divestment.