Toland v. Toland

Citations

• 123 Cal. 140
• 55 P. 681
• 1898 Cal. LEXIS 999

Syllabus

<p>■Construction of. Will—Suspension of Power of Alienation.—Whenever there are persons in being by whom an absolute interest in possession in land devised by will can be conveyed, the power of alienation is not suspended by its terms; and a provision in a will for the sale of lands “as soon as the leases of rented lands are canceled,” and for a distribution of the proceeds, does not suspend the power of alienation. The tenants could at any time cancel their leases by agreement with the executor, or unite with him in a conveyance of the fee and possession of the land.</p> <p>Id.—Provision for Sale—Eight not Postponed.—The direction to sell the land as soon as the leases were canceled designates a point of time after which the beneficiaries could enforce a sale, but does not postpone the right to make the sale until the expiration of the terms created by the leases; but it is equivalent to a direction to sell the land whenever the leases are canceled.</p> <p>Id.—Interpretation op Will.—A will is to be interpreted so as to-mate it effective rather than void, and so as to prevent intestacy; and its words are to be taken in their ordinary and-grammatical sense unless a clear intention to use them in another sense can be collected and ascertained from its terms.</p> <p>In.—Direction to Collect Rents—Control of Minor Details—Trust.. A direction to a firm of lawyers to receive the rents, and commending to them “minor details,” does not create an express-trust in relation to land, but only makes them trustees of the-money collected, and does not create any trust term suspending: the power of alienation or affect the validity of the will.</p> <p>Id.—Validity op Bequests.—The validity or invalidity of particular-bequests does not affect the will, if it is otherwise valid.</p> <p>Id.—Action to Quiet Title op Heir—Defense op Will—Striking Out Denial.—In an action by an heir to quiet title to land of a decedent as against the beneficiaries claiming under his will, where a demurr