Holland v. Keyes
Holland v. Keyes
Opinion of the Court
The habendum clause of the deed offered for the construction of the court reads as follows : βTo have and to hold the same with all the rights, privileges and appurtenances thereunto appertaining unto and to the use of her the said Alice Ketrick, during her natural life, with full power to mortgage or sell the same if necessary for her maintenance and support; the remainder to go to my children of full blood who may be living at the decease of said Alice Ketrick to be divided among said children equally, share and share alike, to have and to hold to the use of them, their heirs and assigns forever.β
The only construction which the preceding sentence is capable of is that Alice Ketrick, the grantee, shall take an estate for her life in the lands described, with power to sell or mortgage the same lands in fee simple, if necessary, for her maintenance and support.
If the word same were employed in a restricted sense, as meaning the life estate only, the grant of power would be entirely unnecessary and inoperative. The natural and grammatical meaning is the only one that can have been intended.
A decree will be entered in accordance with this opinion.
Reference
- Full Case Name
- Dennis J. Holland v. Alfred Keyes.
- Status
- Published