Probate Reports Annotated (Volume 1); Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law. ... of the Several States on Points of Probate - Softcover

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This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1897. Not illustrated. Excerpt: ... power. Their effect is not, therefore, to enlarge by implication the previous estate, but, upon the death of the life tenant, and in default of appointment, a quasi reversion results to the representatives of the testator, or it falls into the residuum, according as the will may direct." To the same effect is John v. Bradbury (97 Ind. 263). The bequest there was: "I give and bequeath to my wife, Mary C. Newport, my property both personal and real, to hold and possess, sell, use and dispose of as she may see fit, for her own comfort and convenience, and hereby empower her to sell what realty I may be in possession of at my death, and convey the same by deed in fee simple, if her necessities or comfort require it." This was held to create a life estate only in the devisee. The execution of the deeds in the case before us was an election to take under the will, and not under the law. (Clark v. Middlesworth, 82 Ind. 240). But it is insisted that the devise over was void because it devised the remainder to her blood relatives in proportion as the same would have descended if the will had not been made. In Clark v. Middlesworth (supra), it was held that a devise of a life estate to one with power of disposition, and remainder over "to be divided among my heirs at law," was sufficient to vest the title in the children and grandchildren, who were the heirs at law of the testator. It is lastly insisted that the special finding of facts is insufficient to warrant the conclusions of law, even though the law is aa we have stated it, because as much of the special finding as seta out certain provisions of the will is a mere statement of evidence or evidentiary facts, and that such evidence must be disregarded in rendering judgment upon such special finding. It is true ...

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