In re Estate of Winter

The will of Daniel Winter, among other things, contained the following paragraph:

Four brothers and one sister survived the testator; but two of the brothers died during the life of Annie Winter, the widow of the testator, leaving next of kin, *188 respectively, their heirs at law. The other two of the brothers and one sister survived the widow of the testator, Annie Winter, who was executrix of the will. After the death of said executrix an administrator of the estate of the testator with the will annexed converted the ranch into money, and applied to the court for distribution thereof in accordance with the will; and thereupon the court decreed that all the money proceeds of the ranch be distributed equally to the sister and the two surviving brothers, allowing no part of the money to go to the heirs of either of the two deceased brothers.

The appellant, who is the assignee of the heirs of the deceased brothers, contends that two-fifths of the money should have been distributed to him as assignee of the heirs of the deceased brothers.

The solution of the question depends upon whether the survivorship mentioned in the will relates to the time of the death of the testator, or…