Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 78
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 78
Maryland. Court of Appeals
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Handy. paid to persons *Vhen" or ^'as they attain twenty-one," that is, to persons answering a particular description. Le Jeune V8, Le Jeune, 2 Keen, 701, another of the appellees' cases, is not in conflict with any decision relied on by the appellants, not being a case in point. The testator there expressly directs that shares shall be paid to each of his **five sons that shall be living at the time of her [the life tenant's] decease," and in case of death of either, his share to be paid to hi...s issue *'as they shall attain twenty-one," and upon failure of issue, remainder to testator's surviving children. In the disputed clause of Wm. H. Handy 's will there is no gift over on failure of issue. Le Jeune vs. Le Jeune is cited in Engel vs. State, use of Geiger, 65 Md., at page 545, for an entirely different purpose, as showing the period when a substituted gift to issue took effect. Jesse T. Handy having died without issue took an ab- solute interest transmissible to his representatives, which was not affected by the substitutional clause directing **the child or children of any deceased child to take the portion to which the parent, if living, would have been en- titled.*' The original gifts to the testator's children were to be divested in favor of issue only in case of those who died before the tenant for life, leaving children.
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