McClintock v. Thompson

Opinion by

Judge Hargis:

Without attempting a review of the authorities it is sufficient now to say that, by a long list of the most eminent elementary and judicial writers, the rule has been well settled that, if property be devised to “A” with á limitation over, in the event he dies under the age of twenty-one years or without issue, and if he attains his majority, his estate becomes absolute and indefeasible, although he may die without issue. In such cases the court, with a view to effectuate the intention of the testator, will read “or” as “and.”

Parrish v. Vaughan, 12 Bush 97, recognized…