In re the Estate of Geisler

Thomas, S.

— The rule of construction that where there is an absolute bequest to one person, and in case of his death to another, the contingency referred to' is the death of the first named legatee in the lifetime of the testator, and if he survives the testator he takes complete title to the legacy, has no application if there is any language; in the will indicative of a different intention on the part of the testator. The reason assigned for the rule has been that, as death is a certain event, and the time, only is contingent, the words in a devise or bequest of this description can only be…