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INDEX. 603

WILL AND TESTAMENT— Continued.

. the death of his said daughter, convey and assign unto her children,
if she should have or leave any at the time of her death, in equal
portions, absolutely, all the money and estate in his will devised and
bequeathed unto the said trustees, for the use and benefit of his daugh-
ter and her children; provided, always, that no such conveyance or
assignment should be made, until the child or children to whom the
same was to be made, shall have severally attained the age of twenty-
one years." The daughter, who survived the testator, died, leaving
two sons* one of whom died intestate, and without issue, before at-
taining Ae age of twenty-one years. HELD—

1. That the deceased son of the testator's daughter, had a vested in-
terest in the estate devised and bequeathed to his mother for life,
and that, upon her death, and when he, if living, would have at-
tained the age of twenty-one, the trustees would have been bound
to convey and assign to him his proportion of said estate.

2. That his representatives can only claim as he could have done if
living, and as he had no power to call for the legacy before he at-
tained twenty-one, so neither can his reptesentatives insist upon
the payment of it sooner. Jieeri vs. Pulton, 532.
16. The fame will contained the following clause, "After the death of my
said^ wife, I give, devise and bequeath all the rest, residue and remain-
der of my estate, real, personal and mixed, unto my said children, (nam-
ing his six sons,) and to the said trustees, for my said daughter, as afore-
said, to be divided into equal proportions for my said seven children,
andtojtheir heirs, executors and assigns forever." Thedaughter died,
living the widow of the testator. HEU)—

1. That the daughter took an absolute title in remainder, in one-
seventh of this rest and residue, upon the death of the widow, to
whom a life estate was given.

2. That upon t&'e death of the widow, this one-seventh, will descend
to the heirs at law of the daughter, without being liable to the
CUl'lcsJ of hoi husband, she not having been seized in fact) and
in deed of this estate during coverture. Ib.
See COMMISSIONERS, 1.
ELECTION, 1.

NOTICE OF TRUST, 3.

PosrHiTMOirs CHILDREN.
WOOD CUT, NOT REALTY.

1. Wood and timber cut down prior to the sale of land, does not pass to
the purchaser, but is severed from the inheritance, and becomes per-
sonal property. Crouch vs. Smith, 401.