70 P. 1035 | Or. | 1902
delivered the opinion.
In the case of Brant v. Virginia C. & Iron Co. 93 U. S. 326, the testator gave all his estate, real and personal, to his wife, “to have and hold during her life, and to do with as she sees proper before her death”; and the court held that she took a life estate in the property by the will, with only such power as a life tenant can have, and that a conveyance by her passed no greater interest therein. In construing the language of the wil], Mr. Justice Field said: “The interest conveyed by the devise to the widow was only a life estate. The language used admits of no other conclusion; and the accompanying words, ‘to do with as she sees proper before her death,’ only conferred power to deal with the property in such manner as she