Horace Gray

“ The power thus conferred, therefore, in its own terms, as well as by the general intent of the testator, gives her, during widowhood, the right to sell and convey an absolute title in any part of the estate; for it would be difficult, if not impossible, to obtain an adequate price for a title liable to be defeated in the hands of the purchaser by the widow's marrying again. ”

“ The testator's primary object, manifestly, was to provide for his widow. He begins by giving her 'all my estate, real and personal,' which, of itself, would carry a fee, unless restricted by other words. Lambert v. Paine, 3 Cranch, 97. He then says, 'to be and remain hers,' which, upon any possible construction, secures to her the full use and enjoyment of the estate, while she holds it. ”

“ By the statutes of Nebraska, 'every devise of land in any will hereafter made shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate;' and 'the term 'heirs,' or other technical words of inheritance, shall not be necessary to create or convey an estate in fee simple.' Comp. ”