147 Mass. 13 | Mass. | 1888
The eighth clause of the will, after giving the income of the residue to James P. Willis for life, proceeds, “ And at his decease I give and devise said estate to the children of said James P. Willis, to be equally divided between them.” These words, taken by themselves, include all the children living at the testator’s death. The word “ children,” by itself, means all the children, as much as if they had been named. Winslow v. Goodwin, 7 Met. 363, 375. Barton v. Bigelow, 4 Gray, 353, 355. The only words which could raise a doubt whether only such children as should survive James P. Willis were meant, on the ground that the gift to them did not take effect until his death, are “ at his decease.” But these words are construed to refer to the time of payment or possession, and do not postpone the moment when the gift shall operate. So that the construction of the clause is .settled. Shattuck v. Stedman, 2 Pick. 468. Childs v. Russell, 11 Met. 16, 23. Wight v. Shaw, 5 Cush. 56, 60. Fay v. Sylvester, 2 Gray, 171, 174. Bowditch v. Andrew, 8 Allen, 339, 342. Pike v. Stephenson, 99 Mass. 188, 190.
Decree affirmed.