Roberts v. Moorhead
Roberts v. Moorhead
Opinion of the Court
We concur in the view expressed by the learned court' below in disposing of this case, that by the provision in testator’s will where he directs that in case any of his children should die without leaving issue at the time of his death, the evident intention of testator was that the share of such child should be paid to the survivor or survivors of them; that the words “after the death of my sons and daughters” cannot be taken to mean after the death of all of them, as otherwise we would have the testator directing a share to be paid to the survivors of his children when there could in the natural order be none surviving. Such other features of the will as provoked discussion were very carefully considered and properly adjudged. Nothing can be profitably added to the clear and convincing opinion of the learned court below, and on that opinion the decree of the court is affirmed.
Reference
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- Wills — Construction—Devise to children and their survivors. By a provision in a will referring to a trust fund, “I further direct that after the death of my sons and daughters the same ¡shall become vested in their respective children or their legal representatives in such manner and in such proportions as my said sons and daughters shall respectively by their last wills and testaments direct and appoint; and in default of such will and appointments, shall descend and vest agreeably to the laws regulating intestate estates. And in case any of my children shall die without lawful issue living at his or her death, then the share or shares of such deceased child or children shall be paid over to the survivor or survivors of them, share and share alike,” the testator intended that in case any of his children should die without leaving issue at the time of his or her death, the share of such child should be paid to the survivor or survivors of them immediately upon the death of each son and daughter as it occurred, and the words “after the death of my sons and daughters” cannot be taken to mean after the death of all of them.