Morrison Waite

“ Thus it appears that at the time of the decree all persons then in life, of the class of devisees to which the complainants belong, were in court and subject to its jurisdiction. This court now decides that these grandchildren, living at the death of the testator, took in equity a vested remainder at once, subject to open and let in after-born grandchildren. ”

“ Otherwise, as in Ohio, no suit can be brought to contest a will except within two years after probate. It is difficult to see how a will can be contested there when the devise is to a class of persons which may not be full until after that period has elapsed. It is no part of the duty of executors to defend a will against a contest. ”