Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 135

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 135

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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. 1894 edition. Excerpt: ...carry an estate of inheritance, if there is nothing to limit or control the operation of such words or expressions. Smith v. Meiser, 51 Ind. 419; Schouler on Wills, section 550; Pattison v. Doe on Demise, 7 Ind. 4282; Roy v. Rowe, 90 Ind. 54; Lennen v. Craig, 95 Ind. 167; Chase v. Salisbury, 73 Ind. 506. So, too, whenever a will purports to dispose of real and personal property in the same terms and in the same connection, and it is manifest that the testator intended both to go together, the will must be so construed. Schouler on Wills, section 511; Ireland v. Parmenter, 48 Mich. 631. And, where the intention is doubtful, charging the real estate devised with the payment of legacies, it will generally be held to convert the estate devised into a fee. 2 Redfield on Wills, 323. While the bequest of $500 to Joseph W. Ross is not specifically charged against the real estate, it is not provided that it shall be paid out of the proceeds of the personal property. Had the personal property been consumed in the payment of debts and expenses, there is little doubt that this legacy would have been a charge on the land. We are of the opinion that the words "all my property, personal and real, after paying my just debts and claims," found in this will, taken in the connection in which they are found, are sufficient to vest in Martha Ross the fee to the real estate of which her husband, the testator, died seized. It is settled, however, that words in a will which purport to vest a fee may be so modified and limited by other language in the same instrument as to plainly indicate that it was the intention of the testator to vest a life estate only. But where an estate in fee is devised in one clause of a will, in clear and decisive terms, more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • English
  • Illustrations, black and white
  • 1236920228
  • 9781236920225