In re the Estate of Gardiner

Pelletreau, S.

This is an application by Lion Gardiner for a construction of the will of Jonathan T. Gardiner, deceased.

On April 1, 1927, the petitioner sold Gardiner’s island to the decedent, Jonathan T. Gardiner, subject to the right, retained by the petitioner in the deed, to lease the said Gardiner’s island and collect the rentals therefrom during the petitioner’s lifetime. The petitioner in effect retained a life estate in Gardiner’s island. The interest of the decedent was, and the interest of his devisee is, practically a remainder interest which will not vest in possession or enjoyment…