Wills—Date of Devises and Bequests—Alteration of Common Law by Code.—Sections 1332 and 1333 of the Civil Code have the effect to abrogate the old common-law distinction by which devises spoke as of the date of the will, and bequests as of the date of the testator’s death; and both devises and legacies in this state speak as of the latter date.

Id.—Residuary Devise—Disposition of Lapsed Devise.—Where there is a valid residuary devise, the property mentioned in a lapsed devise goes to the residuary devisee, and not to the heirs, unless a contrary intent is clearly expressed in the will.

Id.—Residuary Devise to Charitable Use.—A residuary devise to the legally constituted and qualified trustees or managers of a Good Templars’ Orphans’ Home, in a specified locality, “in trust for the use and benefit of the orphan children of said institution,” is a valid devise of the residue of the estate to a charitable use.

Id.—Liberal Construction of Charities.—Charities, both as to the trustees and the beneficiaries, are more liberally construed than are gifts to individuals.

Id.—Devise of Charity to Unincorporated Body—Superintendence of Court of Equity—Effectuation of Trust.—The fact that the trustees of the designated orphans’ home to whom the devise was made, were not themselves an incorporated body, though selected biennally under the auspices of an incorporated grand lodge of Good Templars, to manage and control the orphans’ home, cannot affect the validity of the charity. A court of equity will not allow a charitable use to- fail for want of a legal trustee; and, if the founder describes the general nature of the charitable trust, he may leave the details of its administration to be settled by trustees under the superintendence of a court of equity, and the court will appoint trustees, if necessary to effectuate the trust.

Id.—Provision for Ratable Apportionment of Devises—Residuary Devise not Revoked.—A residuary devise, following special devises and bequests, is not revoked by a subsequent paragraph providing that the foregoing devises are to be increased or diminished ratably, with the exception of two devises specified, if the estate is more or less than sufficient to pay the devises and bequests; and such provision does not prevent the falling into the residuary devise of lapsed devises or legacies, or invalid and void devises or legacies.

Id.—Residuary Devise, How Constituted.—Ho particular mode of expression is necessary to constitute a residuary devise. It is sufficient if the intention of the testator be plainly expressed in the will that the surplus of the estate, after payment of debts and legacies, shall he taken by a person there designated.