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Property Law Keyed to Dukeminier
Folsom v. Rowell
Citation:
640 S.E.2d 5 (2007)Facts
Howard C. Folsom (Testator) died in 1960, leaving a will that created a life estate for his mentally handicapped daughter, Alma Louise Folsom. The will provided that upon Alma’s death, the property would go to whichever of his children cared for Alma during her lifetime, or if none did, to any person who provided such care. From 1960 to 1973, Alma lived with her sister Lillian Rowell. From 1973 to 1994, she lived with Mitchell Folsom (widow of one of Testator’s sons). After Alma suffered a stroke in 1994, she lived with Linda Smith (Testator’s granddaughter) until her death in 2001, with care provided by both Smith and Mitchell Folsom. Certain grandsons of the Testator allegedly performed maintenance and repairs for Alma but did not live with her or provide personal care. After Alma’s death, disputes arose regarding who was entitled to the remainder interest in the property, leading to litigation among the various family members claiming entitlement.
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