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Estates and Trusts

University of Michigan Law School

Michigan Law Review

1931

Life estates

Articles 1 - 2 of 2

Full-Text Articles in Law

Future Interests - Life Interest With Added Power To Dispose Of Fee As Fee Sample Apr 1931

Future Interests - Life Interest With Added Power To Dispose Of Fee As Fee Sample

Michigan Law Review

Given a devise of a life estate plus an absolute power to dispose of the fee, but with a remainder over, on the death of the life tenant, of what then remains undisposed of, does the first taker have a fee or merely a life estate coupled with a power of disposal? In the past, Michigan has been numbered with a small minority of states giving the first taker a fee in this situation, but in the recent case of Quarton v. Barton a contrary result was reached.


Wills-Devise-When Cut Down By Later Clause Jan 1931

Wills-Devise-When Cut Down By Later Clause

Michigan Law Review

Both parties to this ejectment suit relied for title on testatrix's will. By one clause, in general words it gave away all of her property real and personal; by a subsequent clause, all the estate unused or not required for the support of the first taker was given over. Held, that the first taker got only a life estate with power to consume, for the intent of testator is predominant over a statute creating a fee from a general gift. Chesnut v. Chesnut (Pa. 1930) 151 Atl. 339.