54 A. 102 | Md. | 1903
This is an appeal from a decree of the Circuit Court for Frederick County construing the will of Gideon Hoover. The portion of the will involved in this controversy is as follows:
"Item 1st. I devise and bequeath to my beloved wife, Elizabeth, all my property, real, personal and mixed, to have and to hold the same during her natural life, or as long as she shall continue to be my widow.
"After either of the above events the property to be sold and divided equally among my lawful heirs.
"The children of deceased heirs shall inherit the full portion as their parents would have done if living."
The testator died September 6th, 1874, the day after his will was executed, leaving surviving him a widow, two sons, a daughter, two grandchildren, who were the children of a deceased daughter, Eliza Stottlemyer, and a granddaughter who was the child of another deceased daughter, Olive Wolf. Elizabeth Wolf the daughter of Olive, died December 7th, 1890, and Elizabeth Hoover the widow of Gideon died in October, 1901, without having remarried. Annie M. Maugans, one of the daughters of the testator, and her husband, made a deed for their interests in the "Gideon Hoover farm," which the bill prays may be construed, but it was stated at the argument that that was no longer necessary and the only question for us to determine is whether Elizabeth Wolf had such interest in the estate of her grandfather as to pass at her death to her representatives. She never married and Jacob Wolf, her father, claims the interest in the estate which it is admitted she would have been entitled to if she had lived until the period of the distribution of her grandfather's estate.
The law favors the early vesting of estates and "Courts *395
will, in the absence of plain expressions, or an intent plainly inferrible from the terms of the will, adopt the earliest time for the vesting where there is more than one period mentioned."Straus v. Rost,
It is always difficult in construing wills to find cases exactly in point, but that of Cox v. Handy,
The appellants have cited Straus v. Rost,
As no question has been raised as to whether there ought to be administration on the estate of Elizabeth Wolf, and as the bill made Jacob Wolf, her father, a party, we need not determine that question, and will affirm the decree which decreed that Elizabeth Wolf took a one-fifth vested interest in the estate of Gideon Hoover, which survived her death, and that *399 her representative is entitled to share in the distribution of said estate to that extent.
Decree affirmed, the costs to be paid out of the estate ofGideon Hoover.
(Decided January 22d 1903.)