Reference

Full Case Name

James H. Irwin v. Smith W. Hill and Lucinda. Hill, his wife, George Katz and Margaret Katz, his wife, James Kennedy Irwin, Mary M. Irwin, Robert P. Thompson and Bessie L. Thompson, his wife

Cited By

1 case

Status

Published

Syllabus

Will — Devise—Intestacy. Testator directed as follows: “I further will and direct that my wife have the one-half part of my farm on which I now reside after the legacies are deducted, which amount to twenty-two acres, during her natural life, and at her death this portion shall be inherited by the surviving issue of my niece L., share and share alike. I will and direct that- my ñiece L. have the remainder or residue of my farm on which I now reside, after the legacies above mentioned are deducted, during her natural life, and at her decease this portion shall be inherited by the surviving issue of my said niece L., share and share alike. I further will and direct that at the decease of my niece L., failing issue, my brother’s children shall inherit the part of my farm in which I have given a life interest to my wife and to my niece.” The “ legacies ” mentioned were three devises of land aggregating twenty-two acres. The whole will manifested a general intent to dispose of the entire estate. Several provisions of the will showed, that testator’s wife and L. were the first objects of his bounty. The widow died before L. Held, that a proper construction of the will gave to L. any estate in the land intervening between the death of the widow, and the death of L., and that there was no intestacy as to such estate.