Brierley v. Brierley

The petitioner, subject to the widow’s interest, took an estate for his life in the testator’s farm except the “pine growth.” The other defendants took a vested remainder in all the real estate; their estate in the pine growth to take effect in possession upon the death of the widow, and them estate in the rest of the farm to take effect in possession upon Harry’s death subject to the widow’s rights if she survived him. The testamentary provisions, for the purposes of this case, present the characteristic instance of an estate for life with remainder over. There is no suggestion of a trust.…