Daniel v. . Bass

With the - exception of the devisees therein named, the second item in each of the three wills is substantially the same, and as Isaac Daniel predeceased his two sisters, we may first consider the words in which he expressed his devise: “To my beloved sisters, Nancy Daniel and Mahala Daniel, ... to them and their heirs forever, if any. If not, to the heirs of my sisters, Mary Jane Hathaway, Celia Bass, and Sallie Rowe, to them and their assigns forever.”

It may be said, in the first place, that the devise is not within the scope or provisions of the rulé in Shelley’s case. In Coke’s definition…