Implication of Life Estates, Distributive Construction and Disposition of Intermediate Income

Authors

Albert M. Kales, Northwestern University Law School

Abstract

The Problems Stated. Suppose a testator makes a devise or bequest to take effect after the death of A, without however expressly giving any interest to A. Does A take a life estate by implication? If not, what happens to the income or the rents and profits? Suppose a testator devise Blackacre to A for life and after the death of A said Blackacre together with other property is devised to B. Here three questions at once arise. Does A take a life estate by implication in the property other than Blackacre? If not, then are the words "after the death of A" to be taken distributively so that they will apply only to Blackacre, thus making a devise of the rest of the estate to take effect immediately upon the testator's death in B? If there is no implication of a life estate to A and no distributive construction, then what becomes of the intermediate income of the property other than Blackacre until A's death?

Recommended Citation

Albert M. Kales, Implication of Life Estates, Distributive Construction and Disposition of Intermediate Income, 10 Mich. L. Rev. 509 (1912).
Available at: https://repository.law.umich.edu/mlr/vol10/iss7/1