Quickel v. Quickel

Testator devised his realty to his wife “to have and to hold or dispose of as she desires.” Thereafter he appended the provision that if any heir survive “it shall be his”; if no heir survive, he desired that his brother Tom have the property.

The ruling of the Superior Court that the wife acquired a fee simple estate in the testator’s land is in accord with the decisions of this Court. This devise comes within the oft-stated general rule of testamentary construction that an unrestricted or general devise of real property, to which is affixed, either specifically or by implication, an…