(DOWNLOAD) "John Smith T., Plaintiff v. Robert Bell" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: John Smith T., Plaintiff v. Robert Bell
- Author : United States Supreme Court
- Release Date : January 01, 1832
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The testator had given the property by positive words; and he then inserts this parenthesis–not to describe what he had done, which was not necessary, but to do something which he thought he had omitted: to point out the mode, not the extent, in which his wife was to enjoy the property. It was to be 'for her own use and benefit and disposal absolutely:' meaning that she should be uncontrolled in its enjoyment, unaccountable, not to be interfered with by him in remainder; or that it was to be her separate estate, not to be divested or affected by her future coverture. 'At her disposal' makes it her separate property. Cited Bradley v. Westcott, 13 Ves. 445; 5 Maddock, 491; 7 Vin. Ab. 95, pl. 43. Or these words may mean the intention of the testator that the legatee should have the property for her support. 'Use and benefit' are equivalent terms to support. Here the son is to have something, and therefore the wife of the testator was not to have all. He is to have the 'remainder;' the remainder at the decease of the wife: that would be, what she had not used or disposed of for her support, or her benefit. During her life, the wife was to have the use of the property; at her death he is to have that which might remain, after her full enjoyment of all the benefits of the bequest. 1 P. Wms., 655; 1 Bro. C. R. 489; 2 Ves. 501. The testator's meaning sufficiently appears from the whole will. His first purpose was to provide for his wife as long as she lived, as far as might be necessary; to the whole extent of his means. For this end he uses the language, to her 'use and benefit, and disposal absolutely.' His second object was to provide for his son; and he gave him the 'remainder' of the property, after the decease of his wife. What remainder? What his wife might have after supporting herself during her life. If the use of the property should be found insufficient, she might dispose of it absolutely.