Joseph McKenna

“ On the one hand it has been praised as having a substantial foundation and necessarily expressing and enforcing essential legal distinctions in the transfer of property; to be, indeed, the very opposite of a technical rule, and one 'established through a long course of decisions extending over a great many generations,' and declared therefore to be a rule of substance in order to give effect to the intention of the grantor or testator. ”

“ It will be observed that, under the rule, by a technical circumlocution, one estate only is created, though two parts are expressed,-a particular estate for life, with a remainder to the heirs of him who takes the particular estate. ”

“ The intention of the testator, therefore, may have some sway. We may inquire, at least, as to his intention in the use of the word 'heirs,' whether as taking from him or as taking from the life tenant. The rule 'is silent until the intention of the grantor or devisor is ascertained.' Kemp v. Reinhard, supra.
Of Vogt's intention we have no doubt. It is made clear by the distinctions to which we have adverted. To his other children their shares are to be delivered immediately upon the sale of the real estate. To appellant there is nothing of his share to be delivered at all. ”