Jamin v. Williamson

BECTON, Judge.

This case involves the distribution of proceeds received from the sale of real property. The trial judge ordered that $134,000 received in the sale of the “Homeplace Property” be disbursed among the grandchildren and great-grandchildren of S. G. Williamson on a per capita basis at each generation. We vacate the order and remand with instructions that the court order a per stirpes distribution.

I

On 13 December 1934, S. G. Williamson, a father of ten children, conveyed a life estate in the “Homeplace Property” to his son Charlie, with the remainder to Charlie’s children. In the…