Ware v. Green

Robert H. Dudley, Justice.

The testator devised a life estate with a power to sell when the devisee no longer had enough money to maintain “the standard of living to which she is accustomed.” Appellant, the devisee, filed a petition for declaratory judgment asking the court to declare whether her power to sell was exercisable only upon an order by the court or whether it was exercisable upon her judgment with the court review being limited to whether she acted in bad faith. We hold that the power devised to appellant may be exercised upon her judgment and a subsequent court review, if any, is…