Reference

Cited By

1 case

Status

Published

Syllabus

Wills — Construction—Estate in fee simple — Gift to daughter— Death in lifetime of testator — Substitutionary gift. 1. Where a testator gives the “absolute control” of all of his estate to his wife together with the profits and income thereof, subject to the comfortable living and support of his daughter, and in case of the death of the daughter in the wife’s lifetime, then to the wife in fee simple, but if the daughter outlives the wife, then the absolute control of the property remaining at the death of the wife, to the daughter together with the profits and income thereof as long as she lives, and at her death to her heirs is a gift in fee simple to the daughter, surviving the testator and his wife, and is not cut down by a subsequent clause of the will providing that in case the daughter “should die leaving no issue of her body living at her death,” then the property shall vest in fee simple in other persons named. 2. Such latter clause is not a limitation or curtailment of tbe devise, but is simply alternative or substitutionary, and to take effect only on the death of the daughter in testator’s lifetime.