Devise and Legacy, Construction. Executor. A testator left to his widow the income of his estate during her life and made various bequests of the residue upon her death, one of which was in substance "To H. I give the sum of $6,000, which I wish to be invested in United States four per cent bonds, any premium to be paid from the general fund. But if on the administration of my estate the said H. be deceased, leaving no issue, then this article of my will is to be inoperative and void." H. survived the testator and died before the testator's widow, leaving issue who survived the widow. Held, that H. took a vested estate expectant on the termination of the life of the widow and subject to be divested only on the death of H. without issue during the life of the widow.
Where on a bill by an executor for instructions, it appears, that a person entitled under the will to a vested interest has long since died and his estate has been settled, the plaintiff may be directed to transfer the property to the issue of the legatee, who now are entitled to it, without the intervention of an administrator of the estate of the legatee.
LATHROP, J.
The question presented for our consideration is whether the legacy given by the testator to Harriet E. Noyes lapsed by her death before that of his widow, or whether Harriet took a vested estate expectant on the termination of the life of the widow, and liable to be divested only on the death of Harriet without issue during the life of the widow. We are of opinion that the latter construction is the better one. The words used are those of absolute gift.
The view which we have taken is in accordance with the authorities. Blanchard v. Blanchard, 1 Allen, 223. Weston v. Weston, 125 Mass. 268. Cook v. Hayward, 172 Mass. 195.
Ordinarily the bonds in question would pass to the administrator of Harriet's estate. Fay v. Sylvester, 2 Gray, 171. But as she died many years ago, we assume that her estate has been settled, and her debts paid. If this is so, the plaintiff is directed to purchase the bonds and to have them registered in the names of her children, one half to each.
So ordered.