138 A. 440 | Conn. | 1927
The solution of the questions propounded upon this reservation depends upon the construction of the first paragraph of the will, by which the testatrix purports to give to her daughter the use of her homestead in Norwalk for and during her natural life and upon her decease, the same to go to and vest absolutely in the "lawful issue" of the daughter or, in default of "such issue" then surviving, then to go to her husband, Charles E. St. John and his heirs forever. The words "lawful issue" and "such issue" occurring in this paragraph occur nowhere else in the will and there is nothing either in the will or in the surrounding circumstances to indicate that the testatrix used the word "issue" in any other than its primary meaning. Recently, in the case of MiddletownTrust Co. v. Gaffey,
The life use of the property to Susan V. St. John is separable from the invalid remainder to her issue and is not affected thereby. Summer v. Westcott,
The attempted remainder to the issue of Susan V. St. John being invalid, the alternate remainder to the husband of the testatrix, Charles E. St. John, came into effect and vested at the death of the testatrix. Thomas
v. Castle,
This disposes of the entire matter and it is not necessary *519 or profitable to discuss the other questions reserved.
The Superior Court is advised that the questions upon which the advice of this court is desired are answered as follows: Questions (a) and (b) Yes.
No costs will be taxed in this court in favor of any of the parties.
In this opinion the other judges concurred.