Daly's Leasee v. James — Opinion of the Court
“ The supposition that heirs is to be a word of purchase, in one event only, goes on the ground, that the same word is to be construed, according to circumstances, in senses entirely different. That is to say, that in the mind of the testator, and at the time of making the will, it was understood to be a word both of limitation and of purchase. It would follow, then, that if one of the brothers and sisters died in the lifetime of the testator, the heir would take by purchase. There could, therefore, be no such thing as a lapsed legacy or devise, if the word heirs be used ”
