100 Misc. 388 | N.Y. Sur. Ct. | 1917
In the will requiring construction there is a gift of decedent’s real estate for life and a gift in remainder, as follows: “And upon the death of both of them I give and devise the remainder in all my said real estate to my said nieces, Jessie Olds and Mollie Olds, and to their heirs, the said heirs to take per stirpes and not per capita, to be divided equally between them, share and share alike.” Mollie Olds, named in the language quoted, died before the death of the testatrix. In the foregoing quotation are the words commencing with “ and to their heirs ” words of limitation defining the nature of the estate intended for the devisees named, or do they contain a substi
Decreed accordingly.