Page:Federal Reporter, 1st Series, Volume 4.djvu/69

 DOWNIB V. DOWNIB. W �DOWNIE V. DoWNIB. �BissELL and others v. Downie and others. �{Circuit Court, D. Indiana. 1 1880.) �1. WMj— Construction— Life Estate — Power to Sbli, in Feh.— A will contained the following clause : " I give and devise to my ton. ored mother, Melissa E. Downey, ail my property and estate, both real and personal, to hold and enjoy the same during her life, vith full power to sell the same, or any part thereof, and to appropriatfl the proceeds to her own use and beneflt ; and ail deeds and convey- snces of real estate by her made shall pass a title in fee to the pur- chasers, it being my will that she shall enjoy the same as though it were devised to her in fee. Should my mother die flrst, then, and in that case, I devise ail the remainder of my estate to Charles Lindley Downey. After the death of my mother, I devise aU of the said estato to my half-brother, Charles Lindley Downey." Held, that Mrs. Dow- ney had an estate for life in the property devised, with the power un- der the terms of the will to dispose of it for the porposes named. �a Bamh— Same — Power to Mobtgagb. — Bdd, further, that such power did not, in the flrst instance, include a power to mortgage. �In Equity. Demurrer to Bill. �Herod d Winter, for plaintiffs. �Harrison, Hines e Miller, for defendants. �Drummond, C. J. The plaintiff filed a bill for the purpôse of qnieting bis title to certain tracts of land which he claimed under the will of Alanson G. Stevens ; and George P. Bissell, one of the defendants, having advanced a large sum of money to Mrs. Downie, also a devisee under the same will, the latter of whom had executed mortgages to him for the purpôse of securing the sum advanced. A bill in the nature of a cross- bill is filed by Bissell for the purpôse of foreclosing the mort- gages, or one of them, if only one of them sha;ll be considered as valid. And the question arising in the case is under the will made by Stevens. So far as it is necessary to consider it for the purpôse of deciding the matter in controversy here, the will is as foUows : �"I give and devise to my honored mother, Melissa B. Dow- nie, ail my property and estate, both real and personal, to hold and enjoy the same during her life, with full power to eell the same, or any part thereof, and to appropriate the pruceeds to her own use and beneat ; and ail deeds and con- ����