4 Edw. Ch. 131 | New York Court of Chancery | 1843
“Equality is equity.” Under the will, the two brothers and sisters of the testator, had they survived him, and their children living at his death, would have taken in equal shares per capita; all faring alike in the division and distribution of the property: the word children, as used in this will, being a word of purchase constituting all who answer the description devisees or legatees in their own right. “ Children” is naturally a word of purchase and is not to be construed or converted into a word of limitation, except from necessity in order to carry out the intention of the testator in giving effect to the will : Buffar v. Bradford, 2 Atk. 291 ; 1 Roper on Leg. 70.
The brothers and sister of the testator having died before him, an event provided for by the will, the children surviving became legatees. The words “ and in case of the death of either of them, to their heirs to be equally divided among
Decree, that the costs of the parties to the suit, excepting John Clements, be, in the first place, paid out of the fund in the hands of the administrators; and that they, then¡ distribute and pay over the residue equally to and among the parties named per capita, &c.