
    Clara Blauvelt, Plaintiff, v. Elizabeth Gallagher et al., Defendants.
    (Supreme Court, Kings Special Term,
    February 1898.)
    Mortgages — Validity of mortgages,, given, by a life tenant, who had a right to use the principal of an estate.
    A bequest, by which a testator leaves his entire estate to his wife “ for the support of herself and my children while she lives and remains unmarried, and at her death to leave the residue' to niy (his) children as she deems proper”, gives her, during her widowhood, a life estate, with power' to use the principal, and hence-mortgages, given by her during that period, are a valid lien upon the real "estate of the testator.
    ■ Motion to compel a purchaser to take title under foreclosure sale. The mortgage was made by Elizabeth Gallagher, widow; of Charles Gallagher, deceased. By his will he left his entire estate to his wife “ for the support of her and my children while she lives and remains unmarried, and at her death to leave the residue to my children as she deems proper.” -
    Alfred R. Page, for motion.
    Parsons, Shepard & Ogden, opposed.
   Gaynor J.:

The wife is given the entire estate while she lives and remains unmarried ”, to support herself and the children, and a.t her death to leave the “ residue ” to the children. • She is not given the fee; but this direction as to the residue makes clear her power to, consume the principal.. The meaning therefore is that ■ the estate is given to her for life, with power to consume the principal, but such estate and. power to cease upon her remarrying. Meanwhile, however, the power to consume continues, and under it she may mortgage or sell (Swarthout v. Ranier, 143 N. Y. 499; Rose v. Hatch, 125 N. Y. 428)., This mortgage having been made "by her during widowhood, it therefore covered the fee.

Motion granted.  