Quinn v. Tuttle

The decedent Lulu Y. Tuttle had a life estate with the power to consume the principal or income of the residue of the estate of her husband Allison E. Tuttle. Lulu’s interest was more than a conventional life estate but less than an absolute fee simple interest. Eaton v. Straw, 18 N. H. 320; McPhee v. Colburn, 98 N. H. 406, 410; In re Gile Estate, 95 N. H. 270. Lulu had authority to consume, use, convey or mortgage the residue of her husband’s estate (Lord v. Roberts, 84 N. H. 517) but she did not exercise these powers or attempt to exercise them prior to her death. According to the great…