Marvin v. Peirce

The will gives the brothers and sisters each a one-fifth interest subject to Mary’s life estate and subject to the limitation of survivorship. The limitation is explicitly referable only to brothers and sisters dying childless and hence does not affect the shares left to Joshua and William who died leaving children. Their representatives are therefore entitled to these shares respectively, and only the distribution of the other three shares remains to be considered.

The language of the will in providing for the limitation of these three shares is of doubtful meaning in its application and…