In re Will of Barrett
Supreme Court of Iowa
Appeal from Lvrm District Gourt. — Hon. William Gr. Thompson, Judge. Proceedings for the construction of the will of Phillip Barrett, deceased. The trial court held that Eleanor S. Barrett, widow, took but a life estate, and she appeals.
1Opinion of the CourtDeemer, J.
The provision of the will we are asked to construe reads as follows: “I give and bequeath to my beloved wife, Eleanor S. Barrett, all of my property, real *571and personal, of every description, to use, enjoy, and manage as she, in her judgment, sees fit.” Does this devise a fee or life estate? The trial court held that it created but a life estate. If that which follows the word “description,” in the will, were eliminated, there would be no doubt that an absolute estate was devised to the widow; for the words “give and bequeath” are the equivalent of “devise.” In re Burbank’s Will, 69 Iowa, 378.…
2Cases cited3 opinions
- In re Will of BurbankSupreme Court of Iowa · 1886
- Allen v. WhiteMassachusetts Supreme Judicial Court · 1867
- Bulfer v. WilligrodSupreme Court of Iowa · 1887
3Cited by12 opinions
- McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
- Meyer v. WeilerSupreme Court of Iowa · 1903
- Ironside v. IronsideSupreme Court of Iowa · 1911
- Bellamy v. BellamySupreme Court of Iowa · 1918
- In re the Will of WeienSupreme Court of Iowa · 1908
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