Stuart v. Spaulding

Beady, J.:

The question presented for determination herein arises from the third clause of the second codicil of the last will and testament of Daniel Devlin, deceased. It appears that Margaret Doherty named in the clause died before the brother of the testator, to whom the income of the sum named was to be paid during his life. The defendants contend that the'legacy to Margaret Doherty lapsed upon her • death before Philip Devlin, the brother. . The plaintiff contends that it did not. The clause under which the plaintiff claims is as follows:

“ Instead of the direction to my executors to…