232 Mass. 4 | Mass. | 1919
These are petitions to register and confirm the titles to two parcels of land in the city of Gloucester. Rebecca E. Homans at the time of her death, May 17, 1905, was the owner of the real estate in question and by her will dated January 7, 1904, devised all of her estate to her husband, Francis W. Homans, "for and during the term of his natural life with the full power to dis
By the will of Rebecca E. Homans the land given to her husband was not devised to him in fee. He was given simply a life estate with the power to dispose of the same “if he may deem it conducive to his comfort so to do.” Griffin v. Kitchen, 225 Mass. 331. Kemp v. Kemp, 223 Mass. 32. Allen v. Hunt, 213 Mass. 276. Dana v. Dana, 185 Mass. 156. Stocker v. Foster, 178 Mass. 591.
Assuming that the power authorized the husband to dispose of the property by will, this authority was limited to its disposition when conducive to his own comfort. He was not empowered to part with the property for every purpose, nor was he permitted to convey the estate for the comfort of any one except himself. In making the devise the testatrix had in mind the physical welfare and comfort of her husband and he was given full control over the estate and could dispose of it and secure his comfort by the application of the proceeds to his physical wants; but the testatrix did not intend that her husband should have this right to dispose of it merely for his own peace of mind, or for the comfort and support of another person. In Stocker v. Foster, supra, the devise was to the husband for life with power “to sell and dispose of [the estate] . . . whenever in his judgment he may deem it conducive to his comfort.” In the opinion it was said, pages 599, 600, “the language used by the testatrix seems clearly to refer to such
The evidence excluded was not admissible. The fact that the testator was informed that he had the right to dispose of the property by will, and seemed pleased, at this information, was immaterial.
In each case the exceptions are overruled.
So ordered.