Miller's Adm'r v. Potterfield

Citations

• 86 Va. 876
• 11 S.E. 486
• 1890 Va. LEXIS 55

Syllabus

<p>1. Wills—Construction—Case at bar.—-Testator ga,ve his wife all his property to hold for her own use and dispose of as in her judgment she might deem best, should it become necessary, for the support of herself and W. G., whom he desired to remain with her during her lifetime, and have such care given him as he might need. After her death, testator ■willed that all the property should be given W. G. Held, wife takes a life estate, with a conditional power of sale.</p> <p>2. Idem—Devise for life—Boiver to dispose of—Where a power of disposal accompanies a bequest or devise of a life estate, whether such estate be given expressly or by implication, the power is limited to such disposition as a tenant for life may make, unless there are other words clearly indicating that a larger power was intended.</p> <p>3. Oases Distinguished.— Case at bar is one to which Shenner v. Shermer, 1 Wash., 266, and other cases down to Cole v. Cole, 79 Va., 251, do not apply, as in each of those cases an absolute power of disposal was given to the first taker, which necessarily rendered the limitation over repug- . nant and void.</p>