Booth v. Ward

Citations

• 1 Del. Ch. 345

Syllabus

<p>A testator, having provided for the raising of a fund out of certain real estate, by a charge or sale thereof, bequeathed one moiety to his three nieces, the daughters of J. W., and the other moiety to his five nephews and nieces, the children of P. R., “ or to such of them as shall be alive when the time of such division shall arrive.” The fund was raised by a sale of the real estate, prior to which sale the three daughters of J. W., all died. Held, that the moiety bequeathed to the daughters of J. W. did not survive to the children of P. R.</p>