Swanson v. Swanson

Fletcher, Presiding Justice.

The issue in this appeal is whether Laura C. “Peggy” Swanson inherits from her deceased husband Bennie Swanson the remainder *734interests he had in trusts created by his father. Because Bennie Swanson’s remainder interests vested before his death and conditions subsequent contained in the trust provisions did not occur before the life beneficiary of the trusts died, Bennie’s vested remainder was not defeased and instead passed according to the terms of his will. Therefore, we reverse.

When George Swanson died testate in 1970 he was survived by his wife Gertrude Swanson…