So, if an estate be given to a person generally, or indefinitely, with a power of disposition, it carries a fee ; unless the testator gives to the first taker an estate for life only, and annexes to it a power of disposition of the reversion. In that... The Atlantic Reporter - Page 3941890Full view - About this book
| 1922 - 1126 pages
...estate for life only with a power to dispose of the remainder to definitely described individuals, the express limitation for life will control the operation of the power and prevent it from enlarging the life estate to a fee." In the body of the opinion In the Loosing Case, Judge Root took note of the... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1922 - 870 pages
...clause granting such devisee the power to dispose of the fee is governed by the former provision, and the express limitation for life will control the operation of the power so as to prevent it from enlarging the estate first devised." 2 Commentaries on Wills, Alexander, §... | |
| 1894 - 586 pages
...which this belongs is stated by Judge Kent in his commentaries (volume 4, pp. 520, 521), where he says: "If an estate be given to a person generally or indefinitely,...and prevent it from enlarging the estate to a fee." So, too, in the case of Jackson v. Hobins, 1C Johns. 537, Chancellor Kent said: "We may lay it down... | |
| 1906 - 534 pages
...doctrine of Chancellor Kent, before quoted, that where a life estate is given with power of disposition "the express limitation for life will control the...the power and prevent it from enlarging the estate into a fee." In Brady v. Brady,19 the provisions of the will were as follows: "I give and bequeath... | |
| 1904 - 1266 pages
...there be nothing in the other parts of the will to limit or control the operation of the words. So, If an estate be given to a person generally or indefinitely,...and prevent it from enlarging the estate to a fee." By the will in this case a power to sell and convey was given to the widow. But no estate was given... | |
| Illinois. Supreme Court - 1884 - 804 pages
...reason of its repugnance to the principal devise. 2. SAME — when power of disposition carries a fee. If an estate be given to a person, generally or indefinitely,...and prevent it from enlarging the estate to a fee. 3. SAME — rule of construction — intention — how found. In construing a will, the intention of... | |
| Illinois. Supreme Court - 1900 - 726 pages
...indefinitely, with a power of disposition, it carries a fee, unless the testator gives to the first taker the estate for life only, and annexes to it a power of...and prevent it from enlarging the estate to a fee." (Hamlin v. United States Exprens Co. 107 Ill. 443; In re Estate of Cashman, 134 id. 88; Henderson v.... | |
| Minnesota. Supreme Court - 1887 - 624 pages
...certain contingencies upon or over the capital fund. The general rule is stated by Chancellor Kent as follows: "If an estate be given to a person generally...the power, and prevent it from enlarging the estate into a fee." 4 Kent, *535. "Words of implication do not merge or destroy an express life-estate, unless... | |
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