Morrell v. Building Management, Inc.

This cause was tried in tbe court below on tbe theory that the testator devised to bis two sons an estate in remainder — either vested or contingent. Tbe plaintiff contended that whatever estate was devised was contingent, as to each son, upon whether be survived tbe trust, and that since plaintiff’s father died prior to tbe expiration of tbe trust, be took nothing under tbe will; that tbe words “or their heirs” created another class of devisees who should take tbe share of a son in the event tbe son should die prior to tbe date set for tbe distribution of tbe corpus of the estate. That is to…