Bussone v. Marsh

The power to convey a fee simple title to lands in which the grantor possesses but a life estate depends upon the intention of the testator as expressed in his will. See Gildersleeve v. Lee, 100 Or. 578 (198 P. 246, 36 A. L. R. 1166, 1171), where we wrote:

“The power of plaintiff to convey a fee-simple estate depends upon the terms of the will. In construing a will, its provisions must be considered together; the words are to be taken in their usual and ordinary sense, unless it appears that they are used in a technical or a special sense, or unless when applied to the subject matter they have…