55 Ind. App. 324 | Ind. Ct. App. | 1914
Appellant brought this suit against appellees, Grand Lodge, Independent Order of Odd Fellows of Indiana and Rebekah Assembly, Independent Order of Odd Fellows of Indiana, to quiet title to certain real estate in Tipton
It is shown by the evidence without conflict that Elias Hall, the decedent, died testate at Tipton County, Indiana, in July, 1907, the owner in fee simple of the land described in the complaint; that he left surviving him no children, nor their descendants, alive and neither mother nor father; that he left his widow, the appellant, Nancy R. Hall, as his sole surviving heir at law; that his will was duly probated on August 6, 1907; that the will contains the following provisions :
“Item 1. I give, devise and bequeath to my beloved wife, Nancy R. Hall, to have and to hold during her natural life, all my property, both personal and real,*327 for her comfort and support. I further authorize my said wife, to sell such part of my real estate, as she shall deem necessary for her comfort and support.
Item 4. After the .payment and satisfaction oE all the foregoing items, I give, devise and bequeath the remainder of my estate, both personal and real, to the Odd Fellows’ Orphan Home at Greensburg, Decatur County, State of Indiana.”
. No available error has been presented, and it appearing that since the submission of this cause, the appellant has died, the judgment of the lower court is affirmed as of the date of submission.
Note.—Reported in 103 N. E. 854. As to devise or bequest for life with power of disposal, see 139 Am. St. 82. As to the estate created by a grant or devise of a life estate with an absolute power of disposition, see 9 Ann. Cas. 947; Ann. Cas. 1912 B 424. See, also, under (1) 2 Cyc. 1013; (2) 40 Cyc. 1580, 1624; (3) 40 Cyc. 1386, 1392, 1469; (4) 38 Cyc. 1869; (5) 38 Cyc. 1621, 1782; (6) 38 Cyc. 1375, 1378; (7) 2 Cyc. 1013; 3 Cyc. 388; (8) 3 Cyc. 443.