Webb v. Underhill

Ernest Webb's will gave his wife Agnes a life estate, with the remainder upon her death or remarriage to divide among the couple's children or, for any deceased child, to that child's descendants; after Ernest's death, one child, Delbert, died, leaving his wife Carol (a tenant on part of the property) and their children. Agnes, two surviving children, Carol, and Delbert's children (plaintiffs) sued La Velle (defendant) to partition the property, but the trial court found none of the parties held a vested interest and granted La Velle summary judgment; the plaintiffs appealed.

Whether, when a testator grants a life estate with the remainder to his children if they survive the life tenant or to their descendants if they do not, the children hold a vested remainder.