Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 147

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 147

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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. 1897 edition. Excerpt: ...description of which I may die the owner, to have and to hold during her natural life." There was a devise over of what remained of the real and personal property undisposed of at the death of the wife. The word "also" was used in the same connection as in this case. This court held that the Wife took an estate for life in the real estate as well as the personal property, although the words limiting the estate devised to an estate for life, did not follow the devise of the real estate, but the bequest of the personal property. See, also, Green v. Hewitt, supra. It is urged that the words "this to be hers during her natural life, and what is left at her death is to go to my heirs at law" are void for the reason that said words are repugnant to the absolute estate granted. It is settled law that when an absolute title to real or personal property is clearly and distinctly given to a person that the estate so given cannot be cut down or modified by a subsequent clause of the will, unless the intention to do so is manifest from words as clear and certain as those which gave the absolute title. M'ulmne v. Rude, supra, and cases cited. In this case we have shown that an absolute title to the property was not given; on the contrary an estate for life was clearly given. The words defining the estate given are as much a part of the devise of the real estate and the bequest of the personal property as the words "I will and bequeath to my wife." The entire clause 'must be considered together to determine the testator's intention. There is no question of cutting down or modifying an absolute estate given by a subsequent clause for the reason that the words are all in the same clause and the only...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123686574X
  • 9781236865748