Succession of Thilborger

HAWTHORNE, Justice.

This is a suit instituted by the collateral heirs of Mrs. Louise Bartels Thilborger to have a provision of her last will and testament declared null as constituting a prohibited substitution. The provision of the will under attack reads:

“(1) To Edward J. Thilborger my dear husband I give devise and bequeath the use of the Lodge and harbor, and cottages and the Louise Plantation as long as he lives and at his death to be given to the Charity Hospital to be used as a convalescent home to bring the sick for fresh air and regain their strength,”

The lower court rendered judgment…