Estate of Markley
Estate of Markley
Opinion of the Court
We are of opinion that the learned court below disposed of this case upon correct principles. Under the will of Christopher Markley, the widow took the personal estate absolutely; that is to say, she had the right to use so much of it as was necessary for her comfort and support. It was only the residue thereof that was to go to the testator’s children after her death. The only matter that leaves any doubt upon this question was the manner in which the real and personal estate were blended
The decree is affirmed, and the appeal dismissed, at the cost of the appellants.
Reference
- Full Case Name
- ESTATE OF CHRIST. MARKLEY
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- (a) A testator devised and bequeathed to his wife all his “ property and effects, real, personal and mixed, of whatever nature and kind, for and during her natural life,” and after her death “ all the residue of said property, real, personal and mixed,” to his children. A considerable portion of the personalty consisted of crops, stock on the farm, and farming implements: 1. No distinction being made between the character of the property mentioned and money at interest, the testator intended his wife to take the whole of the personalty absolutely, if it was needed for her support, and only the residue, if any, was to go to his children after her death.*