Harding v. Harding

The question in this case is whether the moiety of the rest and residue of which the son had the income for life vested in the children of the son living at his death, or in the children of the son living at the death of the testator. We think that, in view of the peculiar language of the will, the moiety must be regarded as vesting in the children who were living at the son’s death. It seems to us that the words “on the decease of . . . my said son or daughter, then, and not till then, I give and devise the said moiety ... to their respective children in fee,” when taken in connection with…