Douglas v. James
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by court upon an agreed statement of facts, at the December term, Addison county, 1891, Ross, C. J., presiding. Judgment, -pro forma, for the plaintiff. The defendant excepts. In view of the manifest intent of the testator to divide his estate equally among his children and their lineal descendants, the words “without children” should be construed to mean without issue.
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Ejectment. Plea, the general issue. Trial by court upon an agreed statement of facts, at the December term, Addison county, 1891, Ross, C. J., presiding. Judgment, -pro forma, for the plaintiff. The defendant excepts. In view of the manifest intent of the testator to divide his estate equally among his children and their lineal descendants, the words “without children” should be construed to mean without issue. Chaplin v. Doty, 60 Vt. 712 ; Popkin v. Sargent, 64 Mass. 327 ; Re Brown, 93 N. Y. 398 ; Scott v. Guernsey, 48 N. Y. 106; Low v. Harmony, 72 N. Y. 408 ; Re Pator, 11 N. Y. 480; 4…
1Opinion of the CourtRowell, J.
The part of the will that we are called upon to construe reads as follows :—
“I give, devise, and bequeath all the remainder of my estate, real and personal, in equal shares, to my children who may be living at the time of my decease, during their respective natural lives, and after their respective deaths, in equal shares to their respective children; and if any child shall have died previous to my decease, leaving children, the share of such child shall go to his or her children in equal shares ; provided that if any of my said children shall die after my decease, without children, the share…
2Cited by6 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- City of Hartford v. Town of SuffieldSupreme Court of Connecticut · 1950
- Agnew v. McCarthyCalifornia Court of Appeal · 1944
- In Re Field's EstateSupreme Court of Vermont · 1928
- In Re Walbridge's WillSupreme Court of Vermont · 1930
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