A devise of the residue to J., his heirs and assigns, with the proviso, that if he died during his minority, leaving no child alive at his decease, the said residue is given to others, vests a defeasible fee in J. at the testator's death; and, during the minority of J., the income is his.
DOE, C. J.
No time being expressly fixed by the will when Joseph is to receive the residue, it vested in him at the testator's death. The will gave him an estate in possession, defeasible by his death, during minority, without issue living at his decease. As the residue vested in him at the testator's death, the income derived from it, before defeasance, is his.
Case discharged.