McClellan v. MacKenzie

Citations

• 126 F. 701
• 61 C.C.A. 619
• 1903 U.S. App. LEXIS 4355

Syllabus

<p>1. Wiles — Construction—Limitations or Estate.</p> <p>A court will not cut down an estate once granted absolutely in fee by limitations contained in subsequent parts of a will, unless the intent to limit the devise is manifested clearly and unmistakably; if the expression relied upon as a limitation be doubtful, the doubt will be resolved in favor of the absolute estate.</p> <p>2. Same — Continsent Devise Over.</p> <p>When a devise or bequest over to a third person is made dependent upon the death of the first taker as a contingency, as by the words, “if either of my children should die,” the death referred to is generally held to be one occurring during the lifetime of the testator, although when the devise is of a remainder there may be a question as to whether a death during the lifetime of thé testator is referred to or a death before the remainder falls in.</p> <p>8. Same — Estate of • Devises.</p> <p>A will construed, and held to vest a daughter of the testator with title in fee simple to land devised to a trustee for her benefit, and subsequently conveyed to her by the trustee under power given by the will, and not to limit her estate to a life interest.</p>