Page:Federal Reporter, 1st Series, Volume 4.djvu/70

 fi6 FEDERAL REPORTBB. �veyances of real eetate by her made shall pass a title in fee to the purchaaers, it being my will that she shall enjoy the Bame as though it were devised to her in fee. Should my mother die first, then, and in that case, I devise ail the re- mainder of my estate to Charles Lindley Downie, (the plain- tiff in the original suit.) After the death of my mother, I devise ail of the said estate to my half-brother, Charles Lind- ley Downie; and should he die before attaining the age of 21 years," then the property is devised to other parties. �The first question is whether Mrs. Downie, the devisee nnder this will, had an estate for life in the property devised, or an estate in fee. I tbink she had an estate for life only, with the power under the terms of the mil to dispose of it for the purposes named; and that if the property was not sold, as was provided for in the will, whatever should remain after her death should become the property of his half-brother, Charles Lindley Downie. Of course, the matter in contro- versy turns upon the question whether or not the power authorized the mortgage of the property merely. In the first place — to analyze the language of the will — he devised ail his property to Mrs. Downie, his mother, during her life. If it had stopped there it would elearly be nothing but a life estate. He then declares that, having devised it to her for life, she shall bave fuU power to sell the same, or any part thereof, and appropriate the proceeds to her own use and benefit. But, lest there might be some ambiguity about that language, he proceeds to render his meaning clear by declar- ing that ail deeds and conveyances of real estate by her made, under this full power to sell, shall pass a title in fee to the purchaser. That renders it clear that his intention was, in giving her power to sell, not to sell merely during her life the life estate which he had previously given her, but to sell in such a way that the absolute fee-simple in the land would be passed. The deeds and conveyances which were to be made under this power to sell were, in the language of the will, to "pass a title in fee to the purchaser." Doea the language following that which has already been cited enlarge the scope of that which precedes it, it being mentioned ����