Colburn v. Burlingame

In Colburn v. Burlingame (1923) 190 Cal. 697, the decedent left property to his wife as follows: "'I Give, Devise and Bequeath to My beloved Wife Leora I. Colburn the entire handling and control of any and all of my real estate and any and all my personal property of any and every name nature or kind--wheresoever situate--To have and to hold, occupy or use the whole or any part thereof in such Manner as may in her judgment seem best for her own individual benefit and support without any hindrance on the part of any person or persons wholly confiding in and believing my beloved wife will not allow said property to depreciate or go to waste.'" ". . . . . . . . . . . . . . . . . . "'It is my wish and will and I do so direct that in case of the decease of my mother Mrs. Eliza A. Colburn and the mother of my beloved wife Mrs. P. M. Westbrook and my beloved wife Leora I. Colburn shall yet be living, then and in such case I Give, Devise and Bequeath any and all my real estate and any and all personal property of any and every name nature of kind wheresoever situate at the time of the decease of my beloved wife Leora I. Colburn. To my Brothers then living and to my beloved wife's sister Mrs. Dora L. Nehrbass jointly and severally the remainder of my estate Share and Share alike.'" (At pp. 698-699.) The wife was held to hold a life estate and a power to consume the principal of the estate, and "at her death the remainder, that is, the part of the estate unconsumed by her" would go to the testator's brothers and sister-in-law. (At p. 700.)