Probate Reports Annotated; Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law

Probate Reports Annotated; Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law : With Notes and References Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...nature of an estate in fee; for " a fee-simple estate is so called because it is clear of any condition or restriction as to particular heirs. It is the largest estate and most extensive interest that can be enjoyed in land, being an absolute estate in perpetuity. " (16 Cyc. 602.) It is " a pure fee; an aibsolute estate of inheritance; that which a person holds inheritable to him and his heirs general, forever." (Haynes v. Bourn, 42 Vt. 686; Friedman v. Steiner, 1o7 Ill. 125.) Thus we-have in this fourth item of the will, so far as the daughters are concerned, a clear devise in fee to them, followed by as clear an expressed purpose, on the part of the testator, to cut their interest down to a life estate in the property given to them. In every case the courts assiduously seek to ascertain the intention of the testator, and, when ascertained, it will be given effect, unless it contravenes some rule of law or of public policy. (Pritchard on Wills, 388; Thompson v..lIcKisick, 3 Humphr. 631; Lynch v. Burns, 1 Heisk. 600.) And "when a strict adherence to grammatical construction would frustrate the intention of the testator, or where the words used are so unintelligible, obscure, or absurd, that they have no place in and can give no effect to the testator's manifest legal intention, and there can be a rational construction of the words as they stand, the court may, in order to effectuate the testator's intention, transpose, reject, or supply words. (Pritchard on VVills, 395; Reid v. Hancock, 1o Humphr. 368; Williams v. Williams, 10 Yerg. 20; Seay v. Young, 2 Head, 418; Massie v. Jordan, 1 Lea, 646; Jobe v. Dillard, 104 Tenn. 656, 58 S. W. 324.) If, after all this is done, yet the clauses...show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123692469X
  • 9781236924698