Le Breton v. Cook

Citations

• 107 Cal. 410
• 40 P. 552

Syllabus

<p>Wills—Construction'—Intestacy.—In the interpretation of wills constructions which lead to intestacy, total or partial, are not favored; and such an interpretation should, if reasonably possible, be placed upon the provisions of the will as will prevent intestacy, especially where the will evinces an intention on the part of the testator to dispose of his whole estate.</p> <p>Id.—Devise of Residue of Estate—Trust—Homestead and Furniture— Right of Occupancy—Intention of Testator.—Where a will, after making certain bequests of personal property, devised all the residue of the estate of the testatrix, real, personal, and mixed, to trustees in trust, including in such residue a homestead, together with the furniture and statuary therein, the possession of which was to he delivered by the trustees to a sister of the testatrix, to be occupied and used until her death free of rent, the will clearly indicates the intention of the testatrix to dispose of her whole estate in the homestead, furniture and statuary, the legal title to which became vested by the will in the trustees; and it will not be presumed that the testatrix intended to devise any property in trust without declaring effectual trusts; and such an interpretation must, if possible, be placed upon the remaining provisions of the will as will include the whole estate in the homestead, furniture and statuary within the trusts created by the will, and prevent the title thereof from falling to the heirs at law upon the death of the sister of the testatrix.</p> <p>Id.—Personal Right of Occupancy—Life Estate—Trust as to Income of Residue of Estate.—The permission to the sister of the testatrix to use the homestead and furniture free of rent does not create a life estate in the occupant; but the entire estate remains in the trustees, and the beneficiary has a mere personal right of occupancy without rent; and a devise of the income of the residue of the entire estate of the testatrix includes any income to be derived