Gill v. . Weaver

The widow of the testator lived until the youngest child who survived him attained full age. But one of his daughters, Susannah Tomlinson, died before that time, leaving issue. The object of the bill was to obtain the opinion of the Court whether the share of Mrs. Tomlinson survived to her personal representative. The inclination of the courts is to construe legacies, and especially provisions for children, to be vested and transmissible if the words will possibly admit of it; and they are most reluctantly held to be contingent. Hence the general rule is that if a legacy be given to two or…