Hovey v. Walbank

Citations

• 100 Cal. 192
• 34 P. 650
• 1893 Cal. LEXIS 768

Syllabus

<p>Construction of Will—Devise for Life with Power of Disposition— Legacies from Residue—Effect of Trust Deed.—A will directing the payment of all the decedent’s debts and giving to his wife all of the remainder of his property, real, personal and mixed, wherever the same may be situated, “to have, use, and expend as she may seem fit during her lifetime, with full power to sell, transfer, or dispose of the whole, or any portion thereof, as she may deem proper,’’and granting to her “full power to convey a fee-simple title” to any real estate owned by him at the time of his death, or bequeathed to her under the will, and providing that “after the death' of the wife from any money remaining” to his estate certain legacies should be paid, does not confine the wife to the mere use of the property during her lifetime nor limit her to such disposition or change of form of the property as would enable her to better enjoy it, but she has power to dispose of it as she sees fit, and where she has executed a trust deed thereof- no vested interest arises in favor of the subsequent legatees.</p>