Kleaver v. Jacobs

The issue presented herein is whether a gift over, which is contained in the will of George W. Fulmer, deceased, is ineffective as a gift over because inconsistent with the estate given to his widow as the first legatee.

After directing the payment of debts and funeral expenses, the will provides as follows:

"Second. I give, bequeath and devise to my wife hereinafter named all the rest and residue of my estate wheresoever the same may be found or of whatsoever nature the same may consist to my wife, Anna B. Fulmer, and to have the net income from my estate, and her to sell any or all of my…