I give all my personal and household effects, such as furniture, furnishings, rugs, paintings, fine art, china, books, silver, statues, piano, sports equipment, and automobiles, to my wife for use by her during her lifetime and, after her death, . . . The Court finds that all items included in Article 2.00, including the wine collection, are specific devises. A testator is free to create a life interest in personalty by words that clearly express such intent. Here the decedent s intent is clearly and unambiguously expressed. The surviving spouse has a legal life estate in the personalty including, by the parties stipulation, the wine collection.
Jurisdictions differ on the extent of the life tenant s interest in such a devise.
Some distinguish between specific and general devises. Some require that the property be sold with the proceeds invested to produce income for the life tenant. Some recognize that use of the property includes consumption by the life tenant to the complete exclusion of the remaindermen and conclude that the life tenant s interest is absolute. Some jurisdictions require bond from the life tenant to secure the value of the devise until the gift over is settled on the remaindermen. Others convert the interest into an equitable life estate and select a trustee to balance the use of the life tenant while preserving value for the remaindermen.