Estate of McDonniel

The will of the testator contains the following provisions :

Under the first clause, Mrs. Latham asks for distribution to herself in fee. She has a deed of the property to herself from Mrs. Hannah Hubbard, and from the widow and children of testator. It is admitted that Mrs. Hubbard, who is a daughter of testator by a former marriage, has children; and that Mrs. McDonniel has children by the testator. Mrs. Latham claims that under the will Mrs. Hubbard took the estate in fee, the words “ issue of her body” and “such *95 issue” being equivalent to the word “heirs,” within the meaning of the decision in Norris vs. Hensley, 27 Cal., 439 .

In opposition, it is claimed that Mrs. Hubbard took but a life estate, remainder over to such issue of her body as should survive her; and failing such issue, remainder to the heirs of testator.

The executor desires information and instruction as to the distribution of the property referred to in the second clause of the will.

I find the law upon this subject very clearly laid down in 2 Washburn on Beal Property, pp. 270-4; in O’Hara on Interpretation of Wills, 4 Kent, 273; and 2 Bedfield.

Where the estate was limited to the wife for life,…