Estate of Fitzgerald

Citations

• 2 Coffey 172

Syllabus

<p>Word “Heirs” not Technically Construed in Will.—The word “heirs” in a testamentary instrument will not be construed technically, if the intention of the testator as disclosed by the context will thereby, be defeated and a portion of the will rendered inoperative.</p> <p>Remainders—When not Based on Double Contingency.—Under a will which reads: “I give to my daughter all the property of which I die seised, remainder to the heirs of her body in fee simple, but in the event of her death without surviving heirs of her body, I direct said remainder to be distributed to my heirs then surviving according to the law of descent at the date of-my daughter’s death,” the remainders cannot be attacked as invalid on the ground that the contingencies on which they depend are double or constitute a possibility upon a possibility; they are alternate, and respectively depend on only one contingency.</p>