Estate for life

“ A widower, if his wife has borne a living child, is entitled to the use of one-third of her real estate for life, and one-third of her personal property. If there are no heirs, lineal or collateral, he takes the whole estate absolutely. ”

“ Having thus delivered the antient and proper method of constituting an estate for life, let us attend to the consequences, and see what were the several rights and obligations of the lord and tenant, and for that purpose examine the oath of fealty. ”

“ But to the real estate of the wife, the husband does not acquire an absolute right. He has only a right to the use, rents, and profits thereof during his life, if he shall die before his wife; and in that event she takes the estate again in her own right. If the wife dies first, and there are no children, her heirs immediately take the estate. If there are children living, the husband holds the estate for life, and on his death it goes to the wife or her heirs. ”

“ Thus, where an estate for life is made to depend on the contingency of the object of it being alive at the period when the preceding estates determine, limitations consecutive on that estate have been held to be contingent on the same event for want of something in the will to authorize a distinction between them.' 1 Jarm. ”

“ It will be observed that, under the rule, by a technical circumlocution, one estate only is created, though two parts are expressed,-a particular estate for life, with a remainder to the heirs of him who takes the particular estate. ”

“ An estate pur autre vie in incorporeal hereditaments—as a rent, for instance, granted by one person to another, during the life of a third party, and the grantor of which dies during the life-time of the person who holds the property—goes to the executor. ”

“ Before proceeding to the particular examination of the legal effect of these different clauses in the will, it is necessary to state that, where there are no words of limitation to a devise, the general rule of law is, that the devisee takes an estate for life only, unless, from the language there used, or from other parts of the will, there is a plain intention to give a larger estate. ”

“ Concerning my worldly estate, my will must be anomalous and out of the common form, on account of the state of my affairs. I have two large real estates. By marriage settlement, Mrs. Webster is entitled to a life estate in each, and after her death they belong to my heirs. On the Franklin estate, so far as I know, there is no encumbrance except Mrs. Webster’s life-estate. On Marshfield, Mr. Samuel Frothingham has an unpaid balance of a mortgage, now amounting to twenty five hundred dollars. My great and leading wish is, to preserve Marshfield, if I can, in the blood and name of my own family. ”

“ The poor woman is now fighting the will in court, and there is said to be some prospect that the estate will be divided and one-{82}half, or at least a life interest in the income, given to her. This, however, can be done only by compromise. ”

“ Another kind of life estate is that which is acquired, not by the acts of the parties, as by lease, but by the operation of law. Such is the right of a husband to the real estate of his wife acquired by her before or after marriage. ”

“ The next provision invests his executors with full power and authority to sell and convey any part of his estate wherever situated, which is not in the will specifically devised or bequeathed. He next directs that in the event of the sale of his Ashland property, the proceeds shall be loaned out upon good and sufficient security, and that the interest accruing thereon be regularly paid to his wife during her life, and upon her death, the property in trust should pass into his residuary estate after the payment of the legacies mentioned in the will. ”

“ Or what if, from your own estate—that estate which, unexpectedly acquired so late in life, has inspired into you this generous thirst after knowledge, you were to select some elderly peasant, that might best be spared from the land ”

“ It is a claimant to the estate has arisen, an heir whose rights take precedence of their father's; in fact, the grandfather had been privately married early in life, and had a son of whom nothing was heard for years, but who married and left a boy, who, on attaining manhood, preferred his claim to the property. ”

“ In this case it was held that deceased's estate being more than sufficient to pay for the support and maintenance, according to their condition in life, of his legitimate children, it was competent for the Court to award to the mother of his illegitimate children as their natural guardian, such sum as would enable her to supply them with the means of subsistence, until they were old enough to earn it for themselves. ”

“ By his will the father bequeathed his residuary estate in trust to divide the trust fund into as many shares as he should leave children surviving. To his son, the New York decedent, he gave a life estate in one share and a general power to dispose of that share 'by will'. ”

“ To take his place in succession to the very large estate, to be created by his grandsire’s will, he was only required, on coming of age, to surrender his eventual absolute interest in a comparatively small estate, and take in lieu thereof a life-interest. ”

“ CHAP. VI. How the imprudent use of an estate corrupts all the tempers, and fills the heart with poor and ridiculous passions; represented in the character of Flavia.
1.IT has already been observed, that a religious care is to be used in the manner ♦of spending our money or estate; because the manner of spending our estate makes so great a part of our common life, and is so much the business of every day, that, according as we are wise or imprudent in this, the whole course of our lives will be wise, or full of folly. ”

“ A deed or a contract may be changed; not so with a will, after the death of the maker. Therefore, foresight in its preparation is imperative.
“There is a well-marked legal distinction between the words, heirs, devisees, legatees, distributees, and legal representatives. Each of these terms has a clear and well-defined signification. One who has the preparation of wills must deal with the law against perpetuities. An estate cannot be tied up for a longer period than ‘a life or lives in being and twenty-one years thereafter.’ This is the general law of our country. ”

“ It is my will that all my just debts and funeral expenses be first paid, the latter I request may be only decent, but by no means attended with any expense that can be possibly avoided.
“Item. I give to my sister Hannah Arnold forty pounds sterling per annum during her natural life, to be paid to her annually out of the interest of such monies or income of such estate as I may die possessed of, provided she shall and does give up to my heirs or executors all obligations that she may have against me and also does relinquish all claims against my estate except for the annuity before mentioned. ”

“ You will now relinquish all claim upon the control of this estate, whose revenue made your father and yourself to be accounted rich, and upon which your son has been allowed to build up a life expectation; and though on account of it, you go forth a poor man in wordly goods, you may go out rich in the blessing of restoration and repentance. ”

“ Fearne to the effect that a trust or use created by deed will often be held to create an estate in the heirs named which cannot be cut off by the act of the tenant for life, when the same offect would not be given to an estate created by like language in a devise. ”

“ If a son or daughter be possessed of real and personal estate, and die unmarried, or widowed without children, and without making a will, leaving a surviving father, he would take the real estate as heir-at-law, and the personal estate as sole next of kin. ”

“ I suppose, now, a large estate may turn out a fortunate or unfortunate legacy accordingly as you use it; but if your legacy is only the knowledge that the estate ought to be yours, and isn't, that is a fine set of circumstances! ”

“ I am old, and must soon pass away, and instead of leaving you and your parents, who would be my legitimate heirs, to squabble over my property when I am gone, I decided to excute a will bequeathing my estate to some one who would take proper care of it and maintain it in a creditable manner. ”

“ We can have no difficulty in fixing the thought of a man's estate, his property, his possessions. Now we have to transfer this clear idea to God as the inheritance or portion of the soul. "The Lord is the portion of mine inheritance."
Possibly we may all have known a person, rich or poor, who has given us much the same impression of the estate in God which lies behind him as the landed proprietor gives us of his unseen spreading acres. The person may be like the poor woman who held up to Bishop Burnet the crust, exclaiming with gratitude, "All this and Christ!" ”

“ IT has been observed by several gentlemen, in vindication of this motion, that if it should be carried, neither my life, liberty, nor estate will be affected. ”

“ The proviso is this: That should you not live to be seventy years of age, the estate, and all pertaining to it, shall pass away from you and yours at your death, and go to your cousin, the son of my brother Henry; or to his heirs, should he not be alive at the time. But should you overpass your seventieth birthday, though it be but by twelve short hours, the estate will remain yours, to will away to whom you please, or to dispose of as you may think best. ”

“ It is but too common with the son, who has a prospect of an estate, when once he arrives at the age of one and twenty, to think the old father too long in the way between him and it; and how much more will he be subject to it, when, by this act, he shall have liberty, before he comes to that age, to compel and force my estate from me, without asking my leave, or being liable to account with me for it, or out of his share thereof, to a moiety of the debts, portions, or other encumbrances, with which the estate might have been charged before the passing of this act! ”

“ A man was allowed the right of dower in his deceased wife’s estate, and he could hold property in his own right, even after marriage. His wife could not even deed away her real estate without his consent. ”

“ Thus for instance the law of property of the Middle Ages, with the object of preserving family property from generation to generation, and protecting it against dissipation, declares family property or "Estate" to be inalienable without the consent of the heirs. ”

“ How much longer have I to live? If you don't learn about things now, you will understand nothing of the condition of the estate when I am gone; I am old and can't go about anywhere. The whole estate is being ruined for want of proper supervision. ”

“ One may create an estate which will descend in unbroken succession down the line of inheritance prescribed in the original gift as long as that line should last, instead of descending to all heirs. The successive occupants might draw the rents and cut the wood, but on the death of each, his heir would take possession of an unencumbered interest, unfettered by any liability for the debt of his ancestor or by any disposition made by him during his lifetime e.g. a wife's estate in dower or a husband's estate in courtesy. ”

“ Men of estate studied the public good, and gave examples of true piety, loyalty, justice, sobriety, charity; and the good of the neighborhood composed most differences. Laws were reasons, not craft; men's estates were secure: they served their generation with honor, left patrimonial estates improved to a hopeful heir, who, passing from the free school to the college, and thence to Inns of Court, acquainting himself with a competent tincture of the laws of his country, followed the example of his worthy ancestors. ”

“ Now, with this understanding, make your own arrangements to suit yourself, and as you may determine most conducive to your interests. In confirming your action, as the executor or your grandfather, I must, however, take such measures as may be necessary to carry out the purpose of his will.... If you are determined to hold the estate, I think you ought to make it profitable. As to the means of doing so, you must decide for yourself. ”

“ By sect. 127 it is provided that any disposition by will, or deed, or descent, by reason whereof any person shall become beneficially entitled in possession or expectancy to any real estate or any interest therein upon the death of any person, shall be deemed to confer a succession. ”