Delaware County Trust Co. v. Hanby

The Chancellor :

Upon the death of the testator, an interest in remainder vested in his children. It was, however, a defeasible interest, because the bequest was to them “or their heirs.” The disjunctive “or” has the effect of creating a substitutionary bequest, whereby in the event of the death of any child before- the period of distribution, the *230share going to that child would shift over to his or her “heirs.” Fisher, Adm’r., v. Barcus, et al., 14 Del. Ch. 324, 127 A. 53. When the “heirs” take in such case, they take as beneficiaries under the testator’s will and not in right of their…