Young Women's Christian Home v. French

Citations

• 187 U.S. 401
• 23 S. Ct. 184
• 47 L. Ed. 233
• 1903 U.S. LEXIS 1658

Syllabus

<p>By her last will 'and testament Mrs. Sophia Rhodes provided for her husband by securing to him the income from one half her estate, subject to . which the whole was devised and bequeathed to her only son ; in the event of her son’s predecease, the entire estate to trustees in trust for the husband for life, and on his' death to the Young Women’s Christian Home-; in the event testatrix survived husband and son, then to the Home. The mother and son survived the husband, and perished in a shipwreck, going down together. The estate was claimed by the next of kin of Mrs. Rhodes; by the next o’f kin of the son; and by the Young •Women’s Christian Home. Meld:</p> <p>(1) That there is no presumption of survivorship in the case of those who perish by a common disaster, in the absence of proof tending to show the order in which dissolution, took place; and, actual survivorship being unaseertainable, descent and distribution take the same course as if the deaths had been simultaneous.</p> <p>(2) Whether by a particular will a condition precedent, a condition subsequent, or a conditional limitation is imposed, is, in the absence of unmistakable language, matter of construction, arrived at in view of the familiar rules that the intention of the testator must prevail, and that intestacy should be prevented, if legally possible.</p> <p>(3) As the state of facts at the time of Mrs. Rhodes’ death did not substantially difíer from what the will showed she contemplated when it -was executed, the interpolation, of some phrase covering the contingency of inability to ascertain survivorship is unnecessary, and her intention as sufficiently declared on the whole will may be carried into effect.</p> <p>(4) The use of the words, “if she survived,” instead of the words, “if they did not survive,” is not material, and, on principle, the estate of Mrs. Rhodes should go as directed as if she survived her son, in the absence of proof to the contrary. The property remained where it was vested,