Stanley Matthews

“ The language of the contingency in the fourth clause, in our opinion, affects only the intermediate life-estate of Ann Smith and Eleonora Cummings Robison; it being, we think, the plain intention of the testator to give to his widow the estate in question only for her life, and not to die intestate as to any portion of the estate, and to limit the contingency only to the gift to Ann Smith and Eleonora Cummings obison. It is true that the ultimate gift to the defendants is described as commencing 'at their death,' that is, at the death of Ann Smith and Eleonora Commings Robison ”

“ Thus, where an estate for life is made to depend on the contingency of the object of it being alive at the period when the preceding estates determine, limitations consecutive on that estate have been held to be contingent on the same event for want of something in the will to authorize a distinction between them.' 1 Jarm. ”

“ One having died under twenty-one in the life of the testator, it was contended that his legacy lapsed, and did not go over to the survivors.' The argument was that the bequest over could not take place, as 'there can be no legacy unless the legatee survives the testator, the will not speaking until then ”