Hull v. Hull

The first clause of the will of Sarah Hull devises and bequeaths all of her property to her daughters Marietta and Caroline. The second clause provides that “at the decease of my two daughters if childless it is my will that the same be equally divided between ... or their heirs and assigns forever.” The question for our advice is whether the second clause cuts down the devise and bequest of the first clause to a life use and gives the fee to the persons therein named. From two grounds, quite independent of each other, the only construction permissible under our law is that the second clause…