...given to four named persons at the death of the life tenant with a provision that if any one or more remaindermen predeceases the life tenant, the heirs of their body should take, and where the..., having attached thereto the 1930 and 1935 trust indentures, which contained contradictory provisions to apply if a remainderman predeceased the life tenant...predeceases the life tenant, the indenture supplies this deficiency. The cardinal rule of construction is the ascertainment and effectuation of the intent and this must be done even if it requires...

...event the remainderman predeceases the life tenant. We will not imply such a condition when none was expressed by the Grantors. Rules of construction and public policy also dictate..., the Austin court of appeals held that "a devise by A to B for life with remainder at his death to C creates a vested remainder in C upon the death of A, subject to B's life estate," and that..., however, and any distinction based on the word "title" appears to be one without a difference. In the trust context, unlike the legal-life-estate context in Chadwick, the word "title" does not...

...the estate was a vested remainder and that it was error for the trial court to require that she survive the life tenant (her mother, the trustee) in order for her interest to vest. The point at issue is whether appellant's remainder is completely indefeasible. The testator devised, after the death of the life tenant, the remainder of his estate to his four children in equal shares, per stripes. If a remainderman predeceases the...showing it was exercised in bad faith or went beyond that authorized. If a life tenant exercises the power of sale, the proceeds of that sale are still part of the estate. The principal still exists...in order to provide the life tenant funds for her support. At trial, Helen Pitts was asked if she gave the properties to her son and daughter. She answered: "I sold them." She answered affirmatively...

.... • 3 Similar language to that used in the instant case has been found to be a vested interest, subject to divestment during the life of a life tenant where a remainderman predeceases a...later clause of the will. The court found that "die leaving no issue" evidenced the testator's intent that the remainderman be ascertained at the death of the life tenant. Thus, a condition precedent...that the remainder interests are contingent because two conditions must be met before the interests vest: the mortgages must be paid in full and the children must survive the death of the life tenant...

...a remainderman who takes from a life tenant with full power to dispose of the entire corpus of the estate, and whether a creditor may enforce the lien after the death of the life tenant, when the remainderman predeceases the...life tenant. I. Facts and Proceedings Below Thomas N...remainderman, the remainder is contingent. If, on the other hand, the words of contingency describe an event, the happening of which is to take away from the remainderman an interest, which in the absence of...

...provides nothing more than if it were worded "residue in trust to John for life remainder to Anna if she survives John." Such a provision unquestionably devises nothing to the remainderman who predeceases...of the remainderman before termination of the particular estate. Thus, in a limitation to A for life and then to B and his heirs if he survives A, the interest of B ends when he predeceases A, whether...the life tenant. Our views find support in the many treatises on the subject as is illustrated by the following passage from 2 Tiffany, Real Property (3d ed. 1939) section 322...

...numerous cases held that the mere fact of a substitutionary gift to potential issue of a remainderman in the event the remainderman predeceases the life tenant does not subject the remainderman's interest...the grandchild's interest only if she predeceases the life tenant and dies with issue, it is also immaterial whether her interest be viewed as vested subject to defeasance upon this condition...defeated by death of remainderman before life tenant; remainderman's descendants took contingent interest, which vested at death of life tenant without issue), cited in Simes and Smith, § 135, at 115 n...

...predeceases the life tenant. We will not imply such a condition when none was expressed by the Grantors."). Instead, according to the will, the property in paragraph III "vested" in James Dennis...testator, so as not to cut off the heirs of the remaindermen who may happen to die before the death of the tenant for life." Id. at 572. Thus the supreme court held that the remainder to the...testator's children and to his step-son vested at the time of testator's death and did not remain in contingency until the death of the life tenant. Id. And, because "the bequest became an...

...to a life tenant and a named remainderman C, the mere fact that it is provided that if C predeceases the life tenant the property shall go to C's descendants alive at the life tenant's death, and if..., provides that should a remanderman predecease the life tenant, the property shall go to such remainderman's issue, alive at life tenant's death, and if none, then to the surviving remainderman, does.... Wills — Trusts Estate for Life With Remainders Over — Renunciation by Life Tenant — Accelerations of Remainders — Specific Performance. When an attempted...

...remain in the class at the end of the stipulated duration of the renounced interest.' The illustrations make it clear that where there is a devise to a life tenant and a named remainderman C, the mere fact that it is provided that if C predeceases the...life tenant the property shall go to C's descendants alive at the life tenant's death, and if none to a third party, will not prevent C from taking an...intent" is not justified solely by the fact that after limiting a life interest (the renounced interest) it is provided that the gift over shall take effect "at the death of" the life tenant * * *. Such...

..., predeceases the life tenant, intestate and without issue, his interest, being vested, passes to his heirs who are then in esse, that is in life, or born within ten lunar months thereafter. C. S...after the death of the remainderman, but all were born prior to the death of the life tenant. Letha Severt, the life tenant who had intermarried with W. T. Perkins 13 September 1940...that they, as the brothers and sister of Clarence Odell Severt, the remainderman, surviving at the time of the death of the life tenant, are the owners and entitled to the possession of the locus...

...) Judgment by the State for back taxes has the same attributes and incidents as a suit between individuals. Wellshear v. Kelley, 69 Mo. 351. (3) As between life tenant in possession and remainderman out of...possession, the duty is upon the life tenant to pay the taxes during the continuance of the life estate, and not upon the remainderman, and this regardless of the State's right of collection. Mathis v...the interest of the remainderman is imperiled because the liability for taxes is an obligation of the life tenant, and the remainder may be affected. A personal judgment cannot be...

...the policy insures the whole property and is made payable to the life tenant, in case of a loss, the remainderman is entitled to the excess over the value of the life estate, especially where the...insurance is taken out under an agreement with the remainderman to keep the property insured. 26 C.J. sec. 584, page 436. The mere acceptance by a life tenant...if not so used, then to pay it over to the remainderman. Welsh v. London Assur. Corp., 151 Pa. 607. Where a life tenant is guardian for a...

...$2,000 fire insurance policy taken out by the life tenant and the insurance thereafter paid to him and deposited in bank with his other funds. The appellant remainderman opposed the claim of the...personal representative, and brings this appeal. The deceased was the life tenant of a small piece of property and improvements. The appellant remainderman is the owner of the fee...substituted for the destroyed property, and, after the death of the life tenant, was payable to the remainderman, inasmuch as the status of the two estates had not been changed by the conversion, and that...

...life tenant for repairs and improvements on the property is not entitled to recover the money advanced from the remainderman and to a lien on the property to secure the obligation. Cole v. Johnson.... 1. Life estates — improvements — repairs — life tenant — remainderman not liable to. A life tenant is not entitled to recover from remainderman the...cost of repairs and improvements made on the property by such tenant. 2. Life estates — improvements — repairs — third person at instance of life tenant — remainderman...

...destruction of the real property included in a life estate, a remainderman is entitled to the proceeds from a fire insurance policy that the life tenant applied for and purchased. Upon our careful...policy obtained by the life tenant under which only the life tenant is a beneficiary, are destroyed by fire, does the remainderman have an interest in the insurance proceeds though he is neither a named...the remainderman precluded from pursuing a negligence claim against the life tenant for the loss of the improvements? By order dated June 28, 2006, this Court...

...piece of undeveloped property in Coventry) from a judgment for the plaintiff, the remainderman. This appeal presents the question whether the life tenant or the remainderman is responsible for the...productive of any income during the life tenancy, the life tenant is not bound to pay any of the ordinary taxes or any special assessments for betterments, but rather the remainderman or remaindermen must.... However, if the remainderman pays such taxes to protect his own interests, he has no right of action against the life tenant for reimbursement if the property is unproductive of income...

.... The petition of Virginia Folsom Minich, as remainderman, against E. Milner Smith, as life tenant, describes the land...involved and seeks forfeiture of the life estate on the grounds of waste and failure of the life tenant to protect the property in certain particulars. The allegations are in substance that the...demurrers to the petition. The will under which both parties claim is attached to the petition, and it devised to the defendant the property for life and at his death the remainder to the petitioner...

..., 2. We recognize that the plaintiff holds her property in a form which separates the right of possession of a life tenant from the rights of the remainderman in the fee. This...an appeal to the superior court. . . ." The question on appeal is whether a tenant for life of land abutting or within a radius of...as parties to the appeal. Bic filed a motion to dismiss the appeal, based on the ground that "[t]he plaintiff's specific interest as a life tenant . . . does not render her `aggrieved.'" The trial...

...life tenant Alta F. Morris and the remainderman A.L. Morris. The facts were stipulated. The defendant, Alta F. Morris, is the life tenant of a farm in Wasco County. Her son, A.L...life tenant's interest in the property. Annotation, Life Tenant — Insurance — Remainderman, 126 ALR 336, 345 et seq; 51 Am Jur 2d 416, Life Tenants and Remaindermen, § 158; Restatement of Property, § 123...fire insurance in his behalf, she was not bound to obtain such insurance either for her own benefit or for that of the plaintiff. A life tenant or a remainderman may obtain insurance upon his own...