Smith v. Dolan

It is clear that William H. Smith intended that the property be distributed to his children by right of representation if John H. Smith should die leaving no heirs of his body. This being the *433case, it seems to me that we do violence to the testator's intent if we reach a result that vests an interest in the property in one other than the blood line of William H. Smith. As the California court stated in the case of In re Rutan's Estate, 119 Cal.App.2d 592, 260 P.2d 111, 118:

"Moreover, as said in Re Estate of Boyd, 24 Cal.App.2d 287, 289-290, 74 P.2d 1049, at page 1050: 'It is well settled that…