Cunningham's Devisees v. Cunningham's Heirs

Judge Simpson

delivered the opinion of the court.

As the wife of the testator died in his lifetime, and the devise to her thereby lapsed, not being embraced by the act of 1839, (3 Statute Laws, 400,) which applies only to children and grand children, the question presented under the will is, whether the personal estate included in the devise to her shall pass under the residuary clause contained in the will, or shall pass as in case of intestacy ?

In order to determine this question it will be necessary to decide, whether the construction and legal effect of the will are to be governed by the…