Hull v. Culver
Supreme Court of Connecticut
Ejectment: tried in the superior court in New Haven county, and reserved on a finding of facts for the advice of this court. The principal question in the case was as to the construction of the following clause in the will of Elizabeth Culver.
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Ejectment: tried in the superior court in New Haven county, and reserved on a finding of facts for the advice of this court. The principal question in the case was as to the construction of the following clause in the will of Elizabeth Culver. “ I give all my estate to my beloved husband, Ransom Culver, to use and improve during his natural life, and if he should want for his support to sell any part or the whole of it for his maintenance, my will is that it shall be at his disposal.” The plaintiff was an heir at law of the testatrix. The defendant was in possession of the premises, which…
1Opinion of the Court
McCurdy, J.*
It is accepted by both parties as an undoubted principle that when an estate for life is' given with power in the devisee to sell and dispose of it at his own discretion and for his own use, he takes a fee. The important *405question in this case is whether the power of sale conferred by the will is absolute or contingent. This depends upon the construction to be given to the word “ want,” in connexion with the other language of the will and the facts found.
The term in itself is ambiguous, being very commonly used to mean “ wish ” or “ desire,” and as frequently in the sense of “ need…
2Cases cited1 opinion
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
3Cited by18 opinions
- Hartford-Connecticut Trust Co. v. EatonCourt of Appeals for the Second Circuit · 1929
- Connecticut Bank & Trust Co. v. LymanSupreme Court of Connecticut · 1961
- Morford v. DieffenbackerMichigan Supreme Court · 1884
- Cook v. HigginsSupreme Court of Missouri · 1921
- Bridgeport-City Trust Co. v. BeachSupreme Court of Connecticut · 1934
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