of expression is not invalid as being repugnant to tbe will. Upon tbe happening of tbe condition named, tbe will would not be defeated, but tbe estate devised would end and tbe property would pass under tbe statute of descent and distribution to tbe testator's heirs at law, as if tbe testator bad specified them by name or class.
Tbe will having made a devise of tbe property to the testator's wife and having provided that tbe estate so devised should cease upon her subsequent marriage, she took an estate in fee, defeasible, however, in tbe event she should marry again, and, in that event, tbe title would ipso facto become vested in fee simple in tbe heirs at law of John D. Foote, deceased, living at tbe time of such subsequent marriage. Darragh v. Barmore (Tex. Com. App.) 242 S. W. 714.
Tbe judgment of tbe district court is affirmed.