McLean v. Stanley

The opinion of the court was delivered by

Hutchison, J.:

This is an action for the construction of a will. The question involved is, whether the will creates a vested remainder or a contingent remainder.

The remainder in question is to a granddaughter of the testator after two life estates, one to the wife of the testator and the second to his daughter Alvina. The remainder is to the children of Alvina in fee.

When the will was executed Alvina was married but had no children, but at the death of the testator, nine years later, Alvina had one child, a daughter, about six years old. Four years…