In Re Estate of Clifton

Moeling, J. —

Stated in general terms, the principal question argued is whether Clarence took a transmissible right of property or interest in the trust estate. In our view of the case, it is necessary to consider oniy three questions: One and two (inseparable), whether the devise over if Clarence died "without leaving any heirs” is limited to the event of his death in testator’s lifetime, and whether testator used the word “heirs” in its technical sense, or in the limited sense of descendants or heirs of the body. Three, it being assumed that the devise to Clarence was or might be of the…