Reeves v. School District No. 59

Citations

• 24 Wash. 282
• 64 P. 752
• 1901 Wash. LEXIS 529

Syllabus

<p>WILLS-CONSTRUCTION-DEATH OF DEVISEE.</p> <p>Under Bal. Code, § 4608, which provides that “Every devise of land in any will shall be construed to convey all the estate of the devisor therein, unless it shall clearly appear by the will that he intended to convey a less estate,” a will must be construed as passing an absolute fee-simple title to the devisee named, instead of a life estate, when the will devises “the balance of my property, real and personal, to my cripple son, Charles. ... In case of his death it is my desire that my sole property shall be applied to the school fund of Wilbur,” since, in the absence of a clear intent to convey a less estate, it must be construed that the testator had reference to the possibility of the devisee’s death before his own.</p>