Dary v. Grau

[After the foregoing statement of the case.] The contention of the appellants in the first appeal is that unless the gift over to “ my surviving sons or daughters ” is to be . construed to mean sons and daughters who survive the testatrix, there is an intestacy in the event which has happened, namely, the surviving life tenant’s dying without leaving issue. But in our opinion this gift over to surviving sons and daughters is a *486gift to the sons and daughters who survived the several life tenants as they respectively deceased, and that in the event now before us there is no intestacy.

Where…