Harper v. Fuller

Head, Justice.

The heirs of R. F. Harper who contend that by his will he devised a life estate to his wife, Cora Bell Harper, rely strongly on the provision of the will which recites: “1st all my just debts and funeral expenses shall be first fully paid. The remainder I devise and bequeath to my beloved wife, Cora Bell Harper to have and to hold and keep as her own property as long as she lives unless she sees fit to' sell such things as she cannot use.”

It is the rule in Georgia that a power to dispose of property annexed to a life estate will not enlarge the estate given to a fee. In Melton…