4.  A  testator  gave  to  his  wife  F,  for  her  life,   considerable  property,

the  remainder  in  which,  in  another  clause,  he  gave  to  his  son  W
in  trust  for  his  other  sons.  J  and  A.  A  subsequent  item  provided
"If  my  sons  J  and  A  should  either  one  of  them  die  without  legit-
imate offspring  my  will  is  and  I  do  hereby  direct  that  that  por-
tion of  my  estate  given  to  the  one  so  dying  shall  go  to  the  son
still  living,  and  if  both  shall  die  without  legitimate  offspring,  the
income  arising  fmm  both  their  portions  shall  go  to  my  wife  F
during  her  life  or  widowhood,  and  in  the  event  of  the  marriage  or
death  of  my  wife  F  then  i\\%  portion  set  aside  for  them  to  go  to
my  S(»n  W  and  his  legal  representatives."  A  guardian  for  A  was
named  in  the  will.  Subsequent  to  the  death  of  the  testator,  J
died  without  issue  and  thereafter  W  also  died  without  issue.  HeUi,

(1)  That  it  was  clearly  not  within  the  contemplation  of  the  testator
that  the  conditions  upon  which  the  limitations  should  take  effect
should  be  fultilled  during  his  life  time,  but  whatever  doubt  there
might  be  as  to  such  intention  U  settled  by  the  provisions  of  Sec-
tion 1337  of  The  Code.
(2)  That  .1  and  A  took  cross  remainders  and,  upon  J's  death  with-
out issue,  his  part  went  to  A.
(3)  That  A  being  alive,  without  children,  the  estate  of  W  was  a
contingent  executory  devise  which,  upon  W's  death  without  issue
descended  t^)  A.  his  only  heir-at  law.
(4)  That  the  widow  F  has  a  beneficial  estate  in  the  property,  con-
tingent upon  A's  dying  without  issue  before  her  death  or  mar-
riage.    Koratgay  v.  Mi/rris,  199.
