FUTURE INTERESTS - DEVISE OF LIFE ESTATE WITH SUPERADDED POWER TO SELL FEE

Authors

Abstract

Testator gave his wife a life estate and added, "and I further empower her to sell any and all of either my personal real or mixed estate whenever she may think it to her interest to do so," with a limitation over to his son of whatever property remained of his estate at the time of the widow's death or remarriage. The widow conveyed the estate in fee to her daughter for valuable consideration. On the widow's death the son, as remainderman, brought ejectment against the daughter. Held, that the action did not lie since the widow had been granted the power to convey the fee and the power had been properly exercised so as to cut off the remainderman's interest. Miller v. Irey et al. (Okla. 1931) I Pac. (2d) 654.

Recommended Citation

FUTURE INTERESTS - DEVISE OF LIFE ESTATE WITH SUPERADDED POWER TO SELL FEE, 30 Mich. L. Rev. 796 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss5/17