Schmalzried's Estate

Van Dusen, J.,

Presumptions in favor of the heir, and in favor of vested estates as against contingent estates, and in favor of vesting at the death of the testator are all intended only for cases in which the testator’s meaning cannot be deduced from his words.

Words are sometimes ambiguous, and are sometimes used without knowledge as to their meaning, or without due thought as to their meaning or lack of meaning in the particular case.

In the present case the testator has avoided the common error of failing to make it clear at what period the remaindermen are to be determined. Upon the…