Childs v. Hutson

MURPHY, Chief Judge.

This will construction case involves a devise of real property to a life tenant and whether, considering the provisions of the will in their entirety, a broad power given to the life tenant to dispose of the entire estate during her lifetime permitted her to make an outright gift of the property to her daughter.

I

Clementine Del Gavio executed a will on December 16, 1964. At that time, she had three living children: Frank V. Del Gavio, Josephine C. Hutson, and Emilia A. Wheeler. Emilia and her daughter, Victoria, lived with Clementine at the 22-acre family home on Paper Mill…