Wills: determinable fees.
The third provision of the will of the late Governor was to the effect that, should either of his seven children die intestate, whether in the testator's lifetime or afterwards, and leaving no issue at the time of their death, or should the testator's wife die intestate, then the share and portion of the one so dying should survive to and vest in the surviving devisees named in the will, share and share alike. Held, that the devisees of the testator take estates in fee simple defeasible upon the contingencies of the said third provision of the will, and that the estate of a deceased devisee intestate and without issue should go only to the devisees who survived.
Decided February 20th, 1918.
The judgment of the lower Court was affirmed in an opinion by CONSTABLE, J.