{8urrogat€^9  Cawrt,  Westchester  County ,  December,  1908.)

WlLliB — ^INIXHPBETATION  AIVD  OONSTBUCnON — ^TEBMS  DXrmiNQ  THE  NATDBB
AlTD  QUALITY  OF  ESTATES  OB  INTERESTS — FUTUBE  INTEBBSTS  AND  ?B8T-
INO  POSSESSION  AND  ENJOYMENT — GENERAL  BULB  AS  TO  VESTING;  Bb*
QUESTS  AT  A  rUTUBE  TIME  OB  ON  FUTUBE  EVENT.
In  the  interpretation  of  wills  the  oourt  should  adopt  the  constme-
tion,  whenever  possible,  which  will  avoid  intestacy  and  which  is  most
favorable  to  the  vesting  of  the  estate  devised  and  which  wiU  avoid  the
disinheritance  of  the  remainderman  who  dies  before  the  termination  of
the  life  estate,  unless  it  appears  from  the  context  of  the  wiU  that
the  testator  had  a  different  intention.
Where  a  testator  gives  the  residue  of  his  estate  to  his  wife  during
the  term  of  her  natural  life,  and  on  her  death  he  gives  the  same  to  his
children  "  equally,  share  and  share  alike  and  to  the  survivor  of  them*
the  issue  of  any  deceased  child  however  to  take  the  share  of  its  parent
would  have  taken  if  living  at  the  time  of  my  wife's  decease,"  and  it
clearly  appears  from  the  context  of  the  will  that  the  time  of  the  vest-
I       ing  of  the  remainder  is  after  the  death  of  the  wife,  unless  both  ehll-


« <


MATTEE  OF  SAUSIBDIIT.  38

dren  of  the  testator  and  any  issue  they  may  have  shall  die  before  her,
in  which  event  the  wife  takes  the  whole  estate  absolutely;  and,  no
matter  in  what  order  the  parties  interested  may  die,  there  is  an  abso-
lute disposition  of  the  entire  estate  and  no  intestacy  arises.
Proceeding  upon  the  probate  of  a  wilL  ;

Bonnds,  Hatch^  Dillingham  &  Debevoise,  for  petitioner ;  Ed-
ward A*  Pfeffer^  for  respondent;  Clinton  T.  Taylor,  special
guardian.
