 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 Northeastern Reporter - Σελίδα 2541904Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 1922 - 1126 σελίδες
...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 σελίδες
...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 σελίδες
...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 σελίδες
...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... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1904 - 794 σελίδες
...supra. There is in the will an express limitation for life, and this, in our opinion, is sufficient to control the operation of the power and prevent it from enlarging the estate to a fee. Fenstermaker v. llulman, 158 Ind. 71. The will does devise an estate in fee, in remainder, to' Arthur... | |
 | Illinois. Supreme Court - 1884 - 804 σελίδες
...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 σελίδες
...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 σελίδες
...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 or indefinitely,...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... | |
 | 1912 - 1250 σελίδες
...expressed by Chancellor Kent: "If an estate be given to a person generally or indefinitely, wit'aa power of disposition, it carries a fee, unless the...and prevent it from enlarging the estate to a fee." 4 Kent, Com. 520, 521; Jackson v. Robins, 16 Johns. (NY) 537. It has been held that a devise to A.,... | |
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