Opinion
Decided March 5, 1935.
PETITION, for the construction of a will reading in its material part as follows:
"To my brother Arista R. Eames I bequeath all my real estate . . . also what money there may be in savings banks, household furnishings, . . . aside from what I may have disposed of by special request, nothing to be sold or given away during his lifetime, or what length of time he occupies the house after his death, whatever is remaining to be turned into money disposed of as I desire."
The will makes no further disposition of the property to which the clause relates.
Arista was the only heir-at-law of the testatrix and has died.
Young, J., transferred without ruling the question whether the will gives Arista an estate for life or an estate in fee simple.
Harold E. Wescott, by brief and orally, for the plaintiffs.
Alvin F. Wentworth, for certain defendants, furnished no brief.
The question transferred is idle. The will gave Arista either full or partial title to certain property. If it was partial, he acquired the remaining interest as the sole heir of the testatrix. In that view it was undisposed of and passed by inheritance. He thus became the sole owner in fee of the property.
Case discharged.