Danish v. Disbrow

Citations

• 51 Tex. 235

Syllabus

<p>Will.—In construing a will bequeathing to “ my beloved wife, Annie Thomas, all my real and personal estate of every description; * * * my said wife shall take said property for the maintenance of herself and the children, and she shall manage the same in such manner as she thinks best and as her necessities may require,” providing that the Probate Court should have no control, and closing: “Also, she shall have all the interest I am owner of, and she shall have full control of the same, of all leases for rents and ground rents, and also of all property I am the owner of: ” Held—</p> <p>1. The widow took the legal title to the real estate of the testator, and had the power of sale.</p> <p>2. Even if the estate was charged with a trust in favor of the children, the validity of the title of a purchaser, in absence of fraud participated in by the purchaser, would not depend upon the necessity in fact of such sale.</p> <p>3. The rights of the purchaser would not be affected by any disposition made of the purchase-money.</p> <p>4. The estate is not charged with an equity in favor of the children beyond the right to maintenance.</p> <p>5. It was a proper charge to submit touching the acts of the widow towards the children, with reference to the estate, “Whether, considering the number, age, and necessities of the children and her own reasonable wants,- she has in a reasonable manner exercised the powers given her under the terms of the will. The testator gave her a very large discretion, and unless she has abused that discretion by a reckless disregard of the rights of plaintiffs, you will find for defendant on that issue.”</p>