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tate," it is held that a devise to designated grandchildren, of certain described real estate in a particular county, will prevent their taking as heirs under this statute, although the person making such will had no land in such county at that time and did not subsequently acquire title to any. In re Callaghan's Estate, 119 Cal. 571 (51 Pac. Rep.860; 39 L. R. A.689).

Sec. 979. Powers contained in wills. Where a will contemplates an actual division of the estate by the trustees, and payment to the tenants in common in money, a power of sale of land is to be inferred. Parker v. Seeley, 56 N. J. Eq. 110 (38 Atl. Rep. 280). Where a devisee to whom a power of sale is given, has also an interest in the property in his own right, his deed, if it makes no reference to the power, will convey nothing but his own interest and will not be held to be an execution of the power. New England Mortg. Sec. Co. v. Buice, 98 Ga. 795 (26 S. E. Rep. 84). A devisee of land during her widowhood, clothed with power of disposition by will, cannot exercise such power in favor of volunteers to the exclusion of her creditors. Freeman's Adm'r v. Butters, 94 Va. 406 (26 S. E. Rep. 845). A power coupled with a trust survives, and may be executed by one executor when the other dies or renounces the office. The test of such power being coupled with a trust is that a third party has such an interest as will enable him to call on an executor to execute the trust. Dick v. Harby, 48 S. C. 516 (26 S. E. Rep. 900). See opinion for particular power held to be coupled with a trust.

Sec. 980. Miscellaneous notes. Applying N. J. Revision, p. 1248, by which a will operates upon real property acquired after its execution, it is held that where a devise lapses on account of the death of the devisee before that of the testator, such property passes under the residuary clause of the will, in the absence of a contrary intention clearly manifested. Molineux v. Raynolds, 55 N. J. Eq. 187 (36 Atl. Rep. 276). S. C. Rev. Stat. 1893, § 1976, construed and applied-limitation over to take effect on the death of any person without heirs of the body. Bethea v. Bethea, 48 S. C. 440 (26 S. E. Rep. 716). Wis. Rev. Stat., § 2286, construed and applied-provision for unborn child. Verrinder v. Winter, 98 Wis. 287 (73 N. W. Rep. 1007).

INDEX TO STATUTES.

APPLIED, CITED, CONSTRUED OR REFERRED TO IN THIS VOLUME.

(References in the right hand column are to the sections..)

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