In re Banks' Will

Citations

• 87 Md. 425
• 40 A. 268
• 1898 Md. LEXIS 151

Syllabus

<p>Construction of a Will—Executory Devise—Contingent Remainder— Defeasible Fee— What Passes to a Trustee in Insolvency—Possibility of Acquiring Property.</p> <p>An executory devise may be limited to take effect after a fee-simple, when the fee is made determinable upon some contingent event.</p> <p>Where a remainder after a life-estate is devised in fee to A. and it is provided that if A. die under the age of twenty-one and without issue, then the property shall pass to others, the fee becomes vested in A. after the expiration of the life-estate before his attaining the age of twenty-one, but his death without issue before that age is a condition subsequent upon the happening of which the fee is divested.</p> <p>At the time of making his will the testator had living one son and two daughters, a grandson, the child of a deceased daughter of the testator and two granddaughters, the children of another deceased daughter. After giving pecuniary legacies to the above mentioned grandchildren, and a share of his estate to his son, the testator devised the residue of his estate in trust as to one-half for his daughter Margaret and as to the other one half for his daughter Anna, during their lives, with remainders in fee to their respective issues living at the time of their death. The will then provided that in case either of the daughters should die without issue, then her share should be divided equally between the testator’s son, the surviving daughter for life and her issue, and the grandson and the granddaughters, the two latter taking but one share. It was also provided that “ in case any of the children of my daughter shall die before attaining the age of twenty-one and without issue” then the share of the estate devised to them shall pass to “such persons as by the then existing laws of Maryland would take the same as my heirs and distributees.” Anna, one of the testator’s daughters, died some years after probate of the will, leaving six children surviving, one of