The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-19

equal moete share and share alike the share of the daughter
be for her and in of the death of either Of
them the said John Allen and Ann Smith leaving child
children him her surviving upon
should stand possessed the said estate
given him or her. the said j. Allen and ~ Smith, aforesaid
for such child Children they should at
tain 81 and in the meantime apply the
and in the Of the death either
Allen and Ann Smith, leaving lawfully begotten then
upon the moety of him her dying
of them The and daughter having survived
tor claimed absolute interests in the residue, contendng that
several gifts in favor of the children and the survivor respective
" intended provide only for the of the egaee
dying in the tetator lifetime; and that the which
had directed the be deducted daugh
ter' share aided this J. Leach, c.
held that the only He
observed that where refers death simply the words
necessarily held death in his he testator lifetime
the language expressing contingency and death generally be
ing not contingent Though then slight
would vary the consrucion) present instance it
not such construction the des-
cribed being death simply but death leaving children
there clear contingency expressed and nothing prevent
the words from having full scope
Sims Conge,, SUPRA
Die at time is the natural meaning of the words eff
them should die limiting death to partc
ular period.
Henen Is. Kamakaia, 10 IIaw. 547.
In Williams Le,cis 100 n Car 142 g. c. Am Rep
said: I'm opinion the time contemplated by the
the death of the respective without heir that with
out children then living and earlier period Taking the
of the instrument guide finding the testatrix
and without superading use
manifest that the should each
his her DEATH and then the survivor child
children living by the deceased" contention that the
estor did not in this have reference the death of the de-
visees in his lifetime much strengthened by his
the Introductory clause of his WILL that, he is % and feeble
1t argued the bar that any
force the of the will think thew are
The evidently of advanced
presume, from the provision which he makes
for grandciren and in the face of his declaration his
steal condition. it probable that contemplated
of any of his devisees prior to his death.
Galloway Carter S. E. R.
The preamble clause in will is often re-
ferred showing the of the
ambe of statute frequently furnish the key the
SnHh Schrire, Wall Jr, 219; Richardson Noyes
Mass. Sc; McIny'e IS Mcintyre 1913 Pa. ST. 800; 10
Am. st. Rep. 500.
Also the preamble frequently furnishes
ing litigation
See Robnet 4shlock 40 Mo- III; Damon Damon,
Allen, 1872; F'ederichs Appeal Pa. 7rorer
7tutc, 8 Peters, Ia Ba'tons Est 50 CAL 53s
Executory devsee by the modern capable
being devised by WILL assigned by deed and of being
transmitted by inheritance and succession the devsees
tees heirs personal representatives.
= Minors Inst. p 1873.
And while they be barred by the taker
yet the person entitled the may bar his
claim by to first possession
perfect title by way of estoppe.
Cruise Property Title, Devise, Chapter NX Sec
Wash. on Real Property, p.
At law the release could have a
stranger under the rule of policy which prohibited the granting
assigning and contingent rights the
and for the that the law
Of
thought promote litigation. ITO prevent maintenance
and the multiplying of suits