Hogg's Estate

Steakne, J.,

dissenting — I am unable to concur in the conclusion reached by the majority of the court. To my mind, in construing a will, the court’s function is to seek out the intent of testator, and to give effect thereto, unless such intent is prohibited or made ineffectual by law.

It is apparent under this will that (after provision for the widow) the sole objects of testator’s bounty were his four named children and their issue. To these named children he gave life estates, and until the death of the survivor of them. He contemplated the possibility of these children dying with and…