Adm'b v. Adm'b

• Decision Date: 05 February 1891
• Citation: 12 S.E. 885,87 Va. 438
• Parties: Bowen's Adm'b et al. v. Bowen's Adm'b et al.
• Court: Virginia Supreme Court

12 S.E. 885

87 Va. 438

Bowen's Adm'b et al.

v.Bowen's Adm'b et al.

Supreme Court of Appeals of Virginia.

Feb. 5, 1891.

Wills—Construction—Remainders.

Testator devised all his property to his wife "for and during her life, " but provided that sne might sell and convey the real estate and receive the purchase money, and sell and use all the personal property, and buy and sell with the proceeds such property for her own comfort and convenience as she might choose, without accountability to any one; and further provided: "In fact, during the life of my said wife I wish her to possess and enjoy the said property as if she enjoyed a fee-simple and absolute estate." Held, that the wife took the absolute title, and a remainder over was void for repugnancy.

Little £ Little and T. R. B. Wright, for appellants.

Marye & Fitzhugh and A. B. Rawlings, for appellees.

Lacy, J. This is an appeal from a de-creeof thecircuitcourtof Fredericksburgh, rendered on the 27th day of June, 1889. The controversy is concerning the will of William P. Bowen, deceased, and the appeal is taken from a decree of the said circuit court, construing thesame. The will, so far as it is involved in this controversy, is as follows: "After the payment of all my just debts, I give, devise, and bequeath to my wife, Adelaide Bowen, all my estate, real, personal, and mixed, for and during her life; and it is my wish and desire that my said wife may sell and convey my real estate, and receive the purchase money therefor, sell and use all my personal property, and buy and Sell with the proceeds such property for her own comfort and convenience as she may choose, without accountability to any person whatever. In fact, during the life of my said wife, I wish her to possess aud enjoy the said property as if she enjoyed a fee-simple and absolute estate therein. If, however, at the death of my said wife, any of the said property shall remain, I wish the same to be divided equally between all my nephews and nieces who may be living, " etc. The wife died intestate and childless, and the controversy is between the nephews and nieces of the testator and the next of kin and heirs at law of the deceased wife.

The question is, what estate did the wife, Adelaide Bowen, take under this will? The circuit court, construing the said will of William P. Bowen, decided that the said Adelaide Bowen under the said will took the absolute estate in fee-simple in said property, and that the remainder to his nephews and nieces is repugnant and void. From this decree the appellants, who are the nephews and nieces and those claiming under them, have appealed to this court.

The questions involved in this...