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Wills, Trusts & Estates Keyed to Sterk
Usry v. Farr
Citation:
553 S.E.2d 789 (2001)Facts
Watson Usry died in 1967. The relevant clause of Usry’s will provided successive life estates in his lands, first to his wife Lucille and then to their children, with the remainder to his grandchildren. Usry had three children, the last of whom died in 2000. There are five appellants: the four children of Usry’s son Jack, and Jack’s widow, Evelyn. Usry’s fifth grandson, Hoyt, died in 1970 leaving three young children, all of whom were alive at the time of Usry’s death. Hoyt’s three children are the appellees. Item Three of the will bequeaths all land to the testator’s wife, Lucille, for her lifetime. Upon her death, the land is to pass to the testator’s surviving children and grandchildren, with each child receiving a life interest, and grandchildren inheriting the share their parent would have received. After the last surviving child’s death, the title to the land will vest in the grandchildren, per stirpes.
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