Montedonico v. Commissioner

A will covering certain real property located in Tennessee provided: "All my other property, real, personal, or mixed, I give, bequeath and devise unto my said wife, * * *. In case my wife should sell any of my real estate, I direct that she divide the proceeds of such sale equally between herself and all of my said children." Held, that the wife, under the will, gained an absolute estate subject to be defeated only by her selling the property, and since she did not sell it, at her death she owned the property in fee simple and the same should be included in her gross estate for purposes of…