Abbott v. Danforth

After testator’s own death, his mother having predeceased him, the frame of his last will, which the Probate Court took proof and allowed, gave his property to his brother, Charles, for life, with re*182stricted power of disposal. Testator does not provide a remainder, but merely disposes of one, should it exist, the devise being “to my legal heirs according to their legal rights,” in fee simple.

There is a remainder. The question for decision is whether testator’s intention, as expressed in his will, defines a limitation which, as it affects ascertainment of his “legal heirs,” excludes his…