Fisher v. Herbell
Fisher v. Herbell
Opinion of the Court
The opinion of the Court was delivered by
The only question raised in this case is whether Anna Quick took a fee or a life estate only in the residuary real estate of her husband John Quick, under a devise in his last will expressed in the following terms: “ It is my will that all the residue of my estate, real and personal, I give and bequeath unto my beloved wife Anna Quick during her natural life, to do and dispose of as she may think best.” Doubtless the words “ residue of my real estate,” or the words in the conclusion of the devise “ to do and dispose of as she may think best,” would be amply sufficient to show that the testator intended to invest his wife with the fee-simple estate, or at least with all the estate he had himself, were there not other words in the devise restraining and limiting this enlarged meaning of the two recited clauses, and showing most clearly and distinctly that the testator at most only intended to give an estate to his wife for and during her natural life. This last clause here alluded to, “ during her natural life,” which limits the estate given expressly to the natural life of the devisee, shows clearly that the words “ residue of my real estate” were used merely to designate the nature of the property, or object rather, intended to be passed, and not the quantum of estate therein; and likewise that the words “ to do and dispose of as she may think best” could only have been used to show that she should have the right to use the property thereby willed to her in such manner
Judgment for plaintiff
Reference
- Full Case Name
- Fisher against Herbell
- Cited By
- 3 cases
- Status
- Published