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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 257   View pdf image (33K)
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JACKSON VS. DASHIEL AND COLSTON. 257
RICHARD H. JACKSON,
vs. DECEMBER TERM,1862.
BENJ. D. DASHIEL & JAMES L. COLSTON.
[LIMITATION OVER AFTER FAILURE OS ISSUE.]
A TESTATRIX devised certain real estate to her daughter for life, remainder
in fee to her three grandsons, naming them, " provided, nevertheless,
that if either or any of my said grandsons should die without issue, then"
the property " to descend to, and become the estate of the survivor or
survivors." One of the devisees in remainder died without issue. HELD—
That the limitation over to the survivors is too remote, being after an
indefinite failure of issue.
The words "without issue," in a will, when applied to dispositions of real
estate, mean ex vi termini, an indefinite failure of issue, if there is nothing
in the will restricting their operation; and the circumstance that the
limitation over is to a survivor in fee for life, will not have the effect to
restrain the established legal meaning of the words.
[The clause of the will construed by the Chancellor in this
case, is set out in his opinion.]
THE CHANCELLOR :
In the will of Hannah Douglass, executed and proved in the
year 1832, is the following clause, and upon the legal effect of
which, the question submitted by agreement of parties depends.
" I give and bequeath unto my daughter, Mary Dashiel, the
house and lot in which I at present reside, and which was pur-
chased from Robert Hart, and also one-third part of the lot
adjoining, which was purchased of Thomas 0. Smith, for and
during the term of her natural life; and at her death, the said
house and lot, and one-third part of the adjoining lot, as above
bequeathed, to be equally divided, share and share alike,
between my three grandsons, Richard Henry Jackson, George
Minor Colston, and Benjamin Douglass Dashiel, to them and
their heirs for ever, provided, nevertheless, that if either or
any of my said grandsons should die without issue, then the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 257   View pdf image (33K)
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