Bussone v. Marsh

4 Citing cases

  1. Rose City Co. v. Langloe

    16 P.2d 22 (Or. 1932)   Cited 2 times
    In Rose City Co. v. Langloe, 141 Or. 242 (16 P.2d 22), involving a will (which is set out in the earlier companion case of Bussone v. Marsh, 140 Or. 331 (12 P.2d 329)), in which the widow was given a life estate "to hold, own and dispose of, for her own benefit during her entire life", this court held that the widow was granted power to mortgage such estate.

    At the time of his death, J.J. Richardson owned the property described in the mortgage. By the provisions of his will (for a copy see Bussone v. Marsh, 140 Or. 331 ( 12 P.2d 329)) he devised these premises to Sarah Palmer Richardson, his widow, the mortgagor. In the Bussone case, wherein the identical will now before us was construed, we held that the will passed to the widow a life estate with power to alienate the fee, and that upon her death what remained went to the children.

  2. Anderson v. Anderson

    46 P.2d 98 (Or. 1935)   Cited 3 times

    Almost or as much money can be obtained from a mortgage as from a sale of the property. In Rose City Co. v. Langloe, 141 Or. 242 ( 16 P.2d 22), involving a will (which is set out in the earlier companion case of Bussone v. Marsh, 140 Or. 331 ( 12 P.2d 329)), in which the widow was given a life estate "to hold, own and dispose of, for her own benefit during her entire life", this court held that the widow was granted power to mortgage such estate. The court took into consideration the purposes the testator had in mind in making his will, and the parties to be benefited by it.

  3. Ware v. Green

    691 S.W.2d 167 (Ark. 1985)   Cited 6 times
    In Ware v. Green, 286 Ark. 268, 691 S.W.2d 167 (1985), this court held that the exercise of a life tenant's power of sale provided for in the will without reference to judicial determination should be set aside by a court only if exercised in bad faith. Under the Restatement (Second) of Trusts, 88 (1959), the trustee of an interest in land takes such an estate as is necessary to enable him to perform the trust by the exercise of such powers as are incident to the ownership of the estate.

    It is but the statement of a commonplace rule of law to observe, in the interpretation of the provisions of a will, that the intention of the testator as therein expressed must prevail. The statute of this state commands that all courts and others concerned in the execution of last wills shall have due regard to the directions of the will and the true intent and meaning of the testator in all matters brought before them. Bussoner v. Marsh, 140 Or. 331, 12 P.2d 329 (1936). The general rule, stated in 51 Am.Jur.2d 293, is if the grant of power to sell or convey is otherwise full or general in its terms and the determination of whether the condition for the exercise of the power involves the exercise of judgment and discretion, the life tenant has the exclusive right to make that determination, if done in good faith.

  4. Kyle v. Wood

    227 Miss. 717 (Miss. 1956)   Cited 17 times

    (Hn 2) The courts generally hold that where the testator devises his estate to a life tenant with a remainder over, and then gives the life tenant absolute power and authority to dispose of his whole estate, the exercise of such power by the life tenant by conveying the property to other persons during his life, carries the fee and defeats the right of the remaindermen. Rail v. Dotson, 14 Smedes M. 176; Andrews v. Brumfield, 32 Miss. 107; Warren v. Ingram, 96 Miss. 438, 51 So. 888; Murdoch v. Murdoch, 97 Miss. 690, 53 So. 684; Archer v. Palmer, 112 Ark. 527, 167 S.W. 99, Ann. Cas. 1916B, 573; Reddin v. Cottrell, 178 Ark. 1178, 13 S.W. 2nd 813; Bussone v. Marsh, 140 Or. 331, 12 P.2d 329; Steiff v. Seibert, 128 Iowa 746, 105 N.W. 328, 6 L.R.A. (N.S.) 1186. (Hn 3) "A general power to sell, without restriction as to either purpose or grantee, leaves the donee of the power free to sell and do as he wishes with the proceeds, without responsibility to anyone, even though the donee of the power has a life estate and there is a gift over of the remainder.