Epstein v. Corning

The defendants’ contention that the testatrix intended that any share of the estate which her granddaughters might receive by reason of Arthur’s failure to return from France should become a part of the fund to be held in trust for them is not borne out by the language of the will. It is there stated clearly and without qualification that Arthur’s share in the event of his failure to return within five years shall be divided equally among the heirs of the testatrix. Legal title to one-fourth of that share vested in Doris as one of the four heirs. Her power to convey that fourth cannot be…