William Burnham Woods

“ We have, then, devised to Samuel Carusi an estate in fee-simple, with an absolute power of disposition either by sale or devise, clearly and unmistakably implied. Therefore, according to the adjudged cases, the limitation over to the niece of the testator is void. The rule is well established that, although generally an estate may be devised to one in fee-simple or fee-tail, with a limitation over by way of executory devise, yet when the will shows a clear purpose of the testator to give an absolute power of disposition to the first taker, the limitation over is void. ”

“ The case of complainant receives no support from the precatory words of the will of Lewis Carusi. These words express 'the hope and trust that Samuel Carusi will not diminish the same (viz., the property devised to him by the will) to a greater extent than may answer for his comfortable support,' and the testator then devises to complainant and her sisters what Samuel shall not have disposed of by devise or sale. The words do not raise any trust in Samuel. He is not made a trustee for any purpose, and no duty in respect to the disposition of the estate is imposed upon him. ”

“ The contention of complainant is that, by the deed, Lewis Carusi conveyed to Samuel Carusi all his real estate in trust to convey the same to such person or persons as the said Lewis Carusi might 'by his last will and testament, or other paper writing under his hand and seal, by two persons witnessed, designate and direct;' and that, although the will was revoked by the trust deed, it was nevertheless effectual as a designation of the persons to whom said real estate was to be conveyed by Samuel Carusi, the trustee ”