MOODY VS. ELLIOTT. 291
The true construction of the whole clause is—That the widow took an estate
for life—for a period thereof to be held by her, for the benefit of herself and
her children, that is, during their minority. Upon the children attaining
their full age, the widow still living, her estate would continue until her
death disencumbered of any charge on account of the children; and, upon
her demise, the limitation over for life to the children would take effect, and
upon their death, the inheritance would pass to the heirs at law of the tes-
tator, as property undisposed of by the will.
[The question involved in this case, relates to the construc-
tion of the will of James Elliott, deceased, who died in 1809,
and is brought before the court by exceptions to the Auditor's
report; the nature of the case being sufficiently explained by
the Chancellor's statement of the facts, and his comments
thereon :]
THE CHANCELLOR:
The question relates to the disposition of the proceeds of a
house and lot on Aisquith street, in the city of Baltimore, sold
under a decree of this court.
The clause in the will devising this property, is in the
following words: "I give and devise unto my beloved wife,
Mary Elliott, my house and lot on the east side of Aisquith
street, with all the improvements and privileges thereto belong-
ing in fee-simple," (and certain personal property,) "to her use,
for the benefit of her and her children under age, and after they
all come of age, to my wife—her natural life, for her to peace-
ably enjoy, and no longer. She to pay all taxes that may arise,
and after her death the whole of this demise, both real and per-
sonal to be divided equally, share and share alike, between my
seven children, five sons and two daughters," (naming them,)
"or equally between all those of my children as shall then be
living."
The will contains various other clauses, affecting other por-
tions of the property of the testator, but has no residuary clause
disposing of such portions of his estate as may not be embraced
in the specific devises and bequests.
Four of the children are dead; two, John and Joseph, leav-
ing issue; and James and Thomas, without issue; and, the
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