WILL-Continued.

C. gave his residuary estate to his "spinster or unmarried nieces." Six of his nieces had never been married, and two had been married and were widows at the time of his death: held, that as the spinsters and widows were in the same relation to the testator, and their actual condition being that of single or unmarried women, and no reason for discriminating between them appearing, the testator used the word "or" in the same sense as "and" and intended and included the widows as well as the spinsters. Conway's Es'ate, 193.

Testator devised realty to A. for life "after his death to his lawful child and children and to their heirs and assigns, but should A. “die without leaving lawful issue to survive him, or leaving such issue who should not live to the age of twenty-one years nor their lawful issue," then over. A had three children, each of whom attained the age of twenty-one years in A.'s lifetime. One of them, B., died during A.'s lifetime, leaving a daughter, C., who attained twen-y-one and died before A. B. devised all his estate to C., who in turn devised it to X.: held, the interest of B. in testator's estate was vested and was a descendable and devisable estate, both in his hands and in the hands of his daughter C., and that C.'s devisee was therefore entitled to her share of the estate. Hinkson v. Lees, 287.

The expression "authorize and empower" implies discretion; there is no authority to coerce the executor to sell. Seeds v. Burk, 290.

WILL-Continued.

item he directed that the share of B. be paid to a trustee to invest and pay the net income to B. during his life, free from his debts, contracts or engagements, with remainder over to the "children" of B. by his first wife. B. died after the testator, and his executrix presented a petition praying that the trustee pay over to her the princ pal of the trust fund: held, that the will created an actual trust in favor of B. for life, with a limitation over of the corpus to his children, the word "children,” in this connection, being a word of purchase. Id.

Testator gave to a trustee $20,000 in trust for his niece E. for life, and at her decease the principal to be divided among her children, or their issue, or in case there were no issue then to the children of another niece, and further provided, “as my niece E, is unmarried, should she at any time desire to increase her income by an annuity, the trustee shall, at her request, at any time invest the whole or any part of this $20,000 in an annuity for her, nor do I restrict her as to this investment in case she should hereaf er marry: held, this did not authorize the pay. ment directly to E. of the whole trust fund to dispose of it as she might think proper. L-jee's Estate, 323. A devise in the following words, "I give to my wife H. for a home, my one-half undivided interest in the real estate, on which I now reside," describing it, and with no limitation, gives to H. an estate in fee simple in the and so described. Wilkinson v. Chambers, 402. Testator gave all his estate to his wife with power of

A. gave all his property, share and share alike, to his children by name, B. being one of them. By the next

I order it to be divided amongst my children, share and share alike." All land unsold by the widow at the time of her death comes within the terms of the will. Schmid's Estate, 513.

WITNESS. See HUSBand and Wife.