Wills & Estates – contingent beneficiaries: Hammons v. Hammons (COA 2/13/2009)

Hammons v. Hammons
2007-CA-002312
02/13/2009
2009 WL 350663
Opinion by Judge Lambert; Judge Taylor and Senior Judge Graves concurred.

The Court affirmed a summary judgment, declaration of rights and order quieting title in favor of the widow of appellants’ deceased father.

The Court held that the trial court did not err in finding that appellants only possessed a contingent, rather than a vested remainder in their father’s property. The explicit provisions in the will required that appellants or one of their heirs survive appellee to inherit the property remaining from her life estate and therefore, their interest by definition was contingent. The Court also held that the trial court did not err in finding that appellants were not entitled to any right of inspection or an accounting of the property.

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