Noel v. Noel

The opinion of the court was delivered by

Foth, C.:

The primary issue in this case is whether a conveyance of land by a life tenant was authorized by the power of sale given to him by the will under which he acquired his life estate.

The life tenant, Floyd K. Noel, was for many years married to Phyllis N. Noel, and when Phyllis died in December, 1957, they had five adult sons. Her will, which was a joint and mutual will with her husband Floyd, contained the following pertinent provisions:

“Item two. We hereby give, devise and bequeth [sic] to the survivor of us all our property, real and personal…