Robinson v. Randolph

Citations

• 21 Fla. 629

Syllabus

<p>1. No technical words are necessary to a devise of a fee simple estate in land. The word property, in the words of gift, or dispositive part of a will, carries the fee or other entire interest of the testator in the land, unless it is otherwise shown by the will that it was his intention, to give a less estate.</p> <p>2. Where the intention of a testator to give a fee or other entire interest in the land does not clearly appear from the words used in the clause of the will devising the land, resort may be had to the introductory clause to explain their meaning; and where the word property is so used in the former clause as to leave a doubt as to the testators’s intention, and the same word is used in the latter clause, and such clause elearly shows an intention upon his part to dispose of all his estate, it will be held that the fee, or other entire interest in the land, was intended to be given and passes to the devisee, the other parts of the will consisting with such an intention.</p> <p>3. No particular form of words is necessary to the creation of a separate equitable estate. It may be declared in express terms, or inferred from the provisions of the settlement as to the mode of enjoying it.</p> <p>4. The alienation of a separate equitable estate may be restrained during the grantee’s coverture, and it is no objection to the validity of the restriction that it was made while she was unmarried.</p> <p>5. Eestraint upon the right of a daughter to dispose of her real estate during coverture may be annexed by a testator to the separate equitable estate although the devise took effect while the daughter was single. The restraint is not effectual while she is single. If before disposing of the real estate she marry, the restraint becomes effectual upon and continues throughout such marriage. Should she become discovert and marry again without having disposed of the property the restraint again becomes effectual for such subsequent marriage.</p> <p>6. A father devi