Trammell v. Johnston

<p>i. Where a testator devised his plantation to his wife “during her natural life, for the sole benefit of his beloved wife and three children herein named,” and provided further that said life interest should not be transferable, and that said plantation should not “be cultivated by any person’s hands except his said wife’s and children’s,” and that at her death it should be sold and equally divided between said children:</p> <p>Held, that the testator’s widow, who was also his executrix, had no authority to lease said plantation for the term of twenty years.</p> <p>2. The devise of the life interest to the wife was not such a grant of an estate to her as to make the subsequent provision against its transfer void on account of repugnancy.</p> <p>3. If for any reason it became impossible for the wife and children to culti- . vate the plantation with their own hands, the executrix should have ap- ■ plied to a court of chancery for direction.</p> <p>4. The bill should have been retained to prevent waste on the part of the lessee.</p>