Estate of Smythe

In Estate of Smythe (1955) 132 Cal.App.2d 343, a will provided: "'All that I possess I give and bequeath to . . . Ruth Smyth for her during her life time, as she may need or see fit to use. If, upon her death, any of my estate remains, it is my will that such remainder be divided equally through her will between two entities.'" (Id. at p. 345.) The Court of Appeal stated that "a life estate with power to use and consume part or all of the principal for specified purposes and a limitation over of the remainder on termination of the life estate has long been recognized in this state. . Such power of absolute disposition, annexed to a life estate, does not enlarge that estate into an estate in fee." (Id. at p. 346.) The court went on to construe the grant as creating a life estate providing the holder of the life estate with the power to "consume it all 'as she may need or see fit to use.' . . ." (Id. at pp. 352-353.) If she does use it all, the holders of the remainder "get nothing. If she does not, they get what is left." (Id. at p. 353.)