Summary

Portrait of George Shiras, Jr. George Shiras, Jr. De Vaughn v. Hutchinson — Opinion of the Court

The word 'heirs,' in order to be a word of limitation, must include all the persons in all generations belonging to the class designated by the law as 'heirs.' But the devise here was to Martha Ann for life, and at her decease to her heirs begotten of her body, and to their heirs and assigns,-a restricted class of heirs, and this limitation shows that it was the intention of the testator that Martha Ann's children should become the root of a new succession, and take as purchasers, and not as heirs.
Source: Wikisource

Portrait of George Shiras, Jr. George Shiras, Jr. De Vaughn v. Hutchinson — Opinion of the Court

Having thus determined the word 'issue' is here used as a word of purchase, it is clear it must bear the same construction when used in the immediately following sentence, 'and, if any of said children shall die without issue lawfully begotten, I give, devise, and bequeath his or her portion to the surviving child or children and their issue, and to the heirs of said issue, forever.' In other words, the portion given to each child for life goes, in case he dies without leaving children, in the same way as the orininal share
Source: Wikisource

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