Smith v. Sweetser

(after stating the facts as above). The single issue raised by appeal 3788 is whether, under clause 17 of James’ will, the bequest to George of the residue of the personal property became vested in George on James’ death; for, if it did not, then, upon George predeceasing James’ widow, the bequest would lapse, and pass as intestate estate to James’ widow, as his sole heir at law. The District Court held that the bequest to George vested, and passed under his will. .The law of Indiana, so far as it has been declared thereon, will control.

Whether a bequest is vested or contingent is primarily…