Latimer v. Williams

The sole question presented upon this appeal is whether the heirs of James F. Latimer (the deceased husband of testatrix), who were to take one half of the trust residue upon the death of Mary Widney (the life beneficiary) , are to be determined as of the date of the death of the testatrix or as of the date of the death of the life beneficiary.

The general rule is that when a will provides for a limitation over to the “heirs” of the testator or of some other person already deceased, to be determined by a statute governing the intestate succession of property, following the expiration of a life…