## Facts

- Kate Webb executed a will devising a life estate in her real property to her daughter, Ada W. Sacrison, with a remainder “at the death of” Ada “share and share alike” to Webb’s grandsons, Franklin M. Browning and Robert Stanley Browning, “or, if either of them be dead, then all to the other.”
- Webb died in 1954 owning 960 acres of farmland covered by the provision; Ada, Franklin, and Robert all survived Webb.
- Franklin died in 1972 without issue, before Ada’s death.
- Franklin’s widow sought a declaration that Franklin’s remainder vested at Webb’s death and passed through Franklin’s estate.
- Robert contended the remainder interests were contingent on surviving Ada, so Franklin’s interest failed when he predeceased the life tenant.

## Issues

1. Whether the will created vested remainders in the grandsons at the testatrix’s death or contingent remainders conditioned on surviving the life tenant.

## Decision

- The Oregon Supreme Court affirmed the trial court.
- The court held the grandsons’ remainder interests were contingent upon surviving the life tenant, Ada.
- Because Franklin died before Ada, his interest never vested and did not pass to his widow or estate.

## Legal Principles

- Will construction primarily seeks the meaning most consistent with the intent commonly prevalent among similarly situated testators, based on the will’s language and structure.
- A general preference for early vesting is, at most, a secondary constructional aid and yields to a more reasonable reading of the testamentary plan.
- Where a remainder is expressly to take effect “at the death” of a life tenant and includes an ambiguous survivorship clause (e.g., “if either be dead”), the clause may be construed to require survival of the life tenant rather than survival of the testator.

## Conclusion

The survivorship language was read in relation to the life tenant’s death, making each grandson’s remainder contingent on outliving Ada; Franklin’s predeceasing Ada prevented his interest from vesting, so his widow had no claim to the property under the will.


Browning v. Sacrison, 267 Or. 645, 518 P.2d 656 (Or. 1974)