Usry v. Farr
Supreme Court of Georgia
553 S.E.2d 789 (2001)
Watson Usry's will gave his wife Lucille a life estate, followed by life estates to their surviving children, with the remainder in fee simple vesting in his grandchildren upon "the death of my last surviving child"; the will also stated Usry's intent to provide for loved ones who survived him. One grandson, Hoyt, predeceased all the life tenants, and his children argued the remainder had already vested in Hoyt at Usry's death and should pass through him to them, while Jack's children argued the remainder vested only at the death of the last life tenant, meaning only grandchildren who outlived every life tenant would inherit. The trial court held the remainder vested at Usry's death, and Jack's children appealed.
Whether, if a testator grants a life estate with the remainder to a beneficiary if he survives the testator, the beneficiary's remainder interest vests upon the testator's death rather than the life tenant's death.