(DOWNLOAD) "Franklin College v. Wolford Et Al." by In Banc No. 17674 Appellate Court of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Franklin College v. Wolford Et Al.
- Author : In Banc No. 17674 Appellate Court of Indiana
- Release Date : January 24, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
HAMILTON, Judge. This is an appeal from a judgment rendered in an action instituted by appellee, Leo T. Wolford, executor of the estate of Florence White, deceased, against appellant and the other appellees for a construction of the last will and testament of Lew L. White, the deceased husband of said Florence White. The court rendered a special finding of facts and Conclusions of law holding that the last will and testament of Lew L. White, deceased, created and conveyed to his wife, Florence White, a life estate only, and from a judgment rendered accordingly this appeal is prosecuted. The only question presented for our decision is the proper construction to be given to the language employed by the testator in Item Second of the will of Lew L. White, which reads in part as follows: 'Second. After the payment of such funeral expenses and debts, I give, devise and bequeath to my beloved wife Flo or Florence White all of my estate both real and personal and wherever situated and granting unto her full power to sell mortgage or dispose of any or all of said estate in her discretion upon such terms and in such manner as she may see fit under this discretion I mean to give her full power to sell or dispose of my belongs, Bonds, Stocks, etc. At her death and after all just debts and funeral expenses be paid and Twenty-Five Hundred Dollars (2500) for the erecting of a monument to be of good quality and workmanship and putting the lot in good condition, I will and bequeath to the following:' (Here follows special bequests to fifteen named beneficiaries). (Our emphasis.) It is appellant's theory that, under the language used in the first clause, or sentence, of Item Second, supra, Florence White took and held an absolute fee simple title in and to all of the real estate and personal property of her deceased husband, Lew L. White, and at her death the same passed to the legatees and beneficiaries named in her will of which the appellant, Franklin College, was named as the residuary legatee.