Ryan v. Mahan 20 R.I. 417

Martin A. Ryan et al. vs. John Mahan et al.

WASHINGTON

MARCH 11, 1898.

Present : JVIatteson, O. J., Stiness and Tillingliast, JJ.

A testator made the following provisions in his will: “ I give and bequeath unto my wife .... all the property .... I may be possessed of at my decease for her use and benefit, with authority for her to use so much of it as may become necessary for her support and comfort, even if it takes it all; but with no power or authority to sell or dispose of it for any other purpose.” There wTas a residuary clause directing a division among testator’s children of any residue of his estate remaining at the death of his wife. After the decease of the wife without having used all of the testator’s estate, her creditors claimed a lien upon the residue for the payment of their claims, which were for medical attendance, nursing, and care given to her previous to her death:— '

3elcl, that the wife’s interest in the estate ceased with her life.

Held, further, that the power to sell was personal to her, and, as she died without having exercised it, no one.had the power to exercise it in her stead.

Bill in Equity for partition.

Heard on respondent’s application to have the debts of a deceased life tenant made a charge upon the estate.

Charles E. Corman, for complainants.

Albert B. Crafts, for respondents.