ILNews

COA rules in favor of grandchildren in will dispute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.

In William Pereira and Joseph McConnell v. Monica Pereira, John LeFebre and Karen LeFebre, 04A05-1205-PL-241, Joseph Sleeper created a will that bequeathed 358 acres of land to his wife and upon her death to Margaret I. McConnell and Joseph W. McConnell, the children of Sleeper’s friend. His will said he wanted the land to pass to any child or children surviving them, “share and share alike in fee simple.” If there are no children, then the land should go to an Indianapolis hospital.

Eva Sleeper died in 1933, survived by Margaret and Joseph W. McConnell. They jointly inherited the second life estate. Joseph W. McConnell died in 1989, survived by Joseph McConnell and Julia McConnell Tarr. Julia McConnell Tarr died in 2007 and was survived by John and Karen LeFebre, referred to in the court opinion as the grandchildren. Margret McConnell died in January 2011 and was survived by adopted daughter Moncia Pereira and biological son William Pereira.

Joseph McConnell and William Pereira filed a complaint to quiet title naming Monica Pereira and the grandchildren. Tarr’s estate moved to intervene. The trial court entered summary judgment, ruling the grandchildren could collectively receive a one-third share in the acreage based on the construction of the will as “contemplat[ing] a generation skipping vesting process so that the death of either Margaret I. Pereira (McConnell) or Joseph W. McConnell establishes the class to which that ancestor’s interest passes and thus closes the class by the ancestor’s death and that both ancestors need not die before the class is determined.”  

Joseph McConnell and William Pereira, referred to as the children in the opinion, appealed. They argued that the will requires that any child of the McConnell siblings must survive both the siblings in order to receive a share and because Tarr didn’t survive her aunt, the grandchildren have no claim to acreage. The grandchildren argued the trial court properly construed the will to provide that Tarr became a vested member of the remainder class at her birth, or at the latest, when her father died.

The COA cited Alsman v. Walters, 184 Ind. 565, 106 N.E. 879 (1914), and Coquillard v. Coquillard, 62 Ind. App., 113 N.E. 474 (1916), in affirming the trial court.

“… we likewise conclude that the devise in fee simple resulted in an immediate gift, with an intervening life estate. The intended class, the McConnell siblings’ children, was identified and had no such child been born, the alternative beneficiary was Methodist Hospital of Indianapolis,” Judge L. Mark Bailey wrote. “However, the McConnell siblings were not childless. Vesting occurred when the first child in the class was born; however, the class was open and the interest of the first child was subject to diminution of shares to let in others born during the life tenancy. When Julia McConnell Tarr was born, she was a class member. The trial court properly found that she had a vested interest, not contingent upon outliving the last surviving life tenant.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT