#### West and others, Respondents, vs. Andrews, Appellant.

*December 6, 1917*

January *5, 1918.*

*Wills: Devise of remainder: 'Vesting of title.*

Where a will created two life estates, first in testator’s wife, and after her death in his son, and then provided that “from and after" the death of the wife and son "I give, devise, and bequeath said land” to the children of said son, naming them, the words “from and after” are construed to relate to the time of the enjoyment of the estate and not to the time of the vesting.of the title thereto; hence, upon the death of the testator the title to the remainder vested in the children named. *Gashman v. Boss',*155 Wis. 558, distinguished.

Appeal from an ’ order of the circuit court for Green county; Geobge Gpjmm, Circuit Judge.

*Affirmed.*

Action to recover the purchase price of certain lands which plaintiffs by a contract in writing agreed to sell defendant and to which thej' claimed, and agreed to transfer, a merchantable title. Plaintiffs derived their sole title .to the lands in question through the will of their grandfather, Matthew West, deceased, under the following devise:

“I give, devise and bequeath to my son, *D. W. West,*now of said town of Sylvester, the following described lands and real estate, situate in said town of Sylvester, Green county, Wisconsin, described as follows: [description of land] for and during the natural lifetime of him, the said *D.*W. *West,*from the time of and beginning with the death of'my said wife, Sarah J. West, and from and after decease and the decease of each of them, I give, devise, and bequeath the said land and real estate hereinbefore described in this clause to the children of my said son, *D. W. West,*to wit, *Osceole West, Matthew West, Hazel West,*and *Myron D. Wesi,*their heirs and assigns.”

Sarah J. West, to whom testator in a previous paragraph of the will had given a life estate in the property in question, is dead, and the son, *D. W. West,*and his children named in *510tbe devise joined as grantors in tbe tendered deed wbicb was rejected by tbe defendant. These and other facts are alleged in tbe complaint, to wbicb tbe defendant interposed a general demurrer. Tbe court overruled tbe demurrer, and tbe defendant appealed.

Tbe cause was submitted for tbe appellant on the brief of *Edward II. Peterson*of Janesville, and for tbe respondents on that of *Jeffrie,*Mouat, *Oestreich & Avery*of Janesville.

ViNJE, J.

Defendant rejected tbe offered deed because be claimed that under tbe terms of tbe will no title vested in tbe children of *D. W. West*until bis death, and then it would vest in those only who survived him and in tbe heirs of those who predecease him. That such was tbe effect- of the will it is claimed was decided in *Cashman v. Ross,*155 Wis. 558, 145 N. W. 199. In that case tbe testator devised a life estate to his wife in specified lands and then directed that “after her death tbe said property to be divided equally between my children.” It was pointed out that there were no words of present gift or devise to tbe children, but that the-division of tbe property was postponed till tbe termination of tbe life estate and then tbe division was to be made between tbe members of a general class, not between individuals named in tbe will, and therefore there was no vesting of title till tbe termination of tbe life estate. In this case we have-tbe creation of two life estates with words of present gift and devise of tbe remainder to individuals named in tbe will. So far as title is concerned, nothing remains to be done in tbe future. Tbe will provides for no division at a subsequent date. Tbe words “from and after” tbe death of the-wife and tbe son, preceding tbe words of devise, must be construed to relate to tbe time of tbe enjoyment of tbe estate, and not to tbe time of tbe vesting of tbe title thereto. The-law favors an early vesting of title, and there must be a reasonably clear intention to tbe contrary read out of the will in *511order to postpone it. *Will of Owens,*164 Wis. 260, 159 N. W. 906. Here no such intention can be gathered from the will. It creates two life estates, with remainder in words of present devise to specified individuals. In such case, upon the death of the testator, the title of the devised premises vests in the remaindermen, the enjoyment thereof only being postponed till the termination of the life estates. *Moran's Will*118 Wis. 177, 96 N. W. 367.

*By the Court.*— Order affirmed.