Eldridge v. Eldridge

This is an action brought in this court, by the plaintiff, as administrator of a legatee who died before arriving *517at the age of twenty-one, against the defendant, as executor of the will by which it was given. The question is, whether it was a vested legacy, to be claimed by a personal representative, or a contingent legacy, depending upon the fact of the legatee living to be twenty-one years of age.

Griffin Eldridge, by his will, duly proved and allowed, in 1833, gave a legacy to his granddaughter, the plaintiff’s intestate. The legacy is twice expressed in the will; in the first instance,…