...the case of Britton v. Thornton, 112 US 526, which reads as follows: "When, indeed, a devise is made to one person in fee and 'in case of his death, to another in fee, the absurdity of speaking of the one event which is sure to occur to all living as uncertain...

...dying under age and without issue, though after the deaths of testator aud of W. When a devise is made to one person in fee, and "in case of his death " to another in fee, the absurdity of speaking of the one event, which is sure to occur to all living, as uncertain...

...his position, invokes the well-established general rule of construction that, where there is a devise to one person in fee, and, in case of his death, to...another, the contingency referred to is the death of the first-named devisee during the lifetime of the testator, and that if such devisee survives the testator...

...respondent. RAPALLO, J. It may be regarded as a settled rule of construction that where there is a devise to one person in fee, and in case of his death to...another, the contingency referred to is the death of the firstnamed devisee during the life-time of the testator, and that, if such devisee survives the testator,...

...fee and in case of his death to another, in the absence of language showing a different intention, the contingency referred to is the death of the first named devisee in the lifetime of the testator, and if he survives the testator he takes an absolute fee. The same...

...in the case of In re Railway Co., 105 NY 89, 11 NE Hep. 492. The rule is that when there is a devise to one person in fee, and, in case of his death, to...contingency referred to is the death of the first devisee in the life-time of the testator: and if such devisee survives the testator he takes an absolute...

...equally divided, etc. There is a large class of cases in which it is held that where there is a devise to one person in fee, and in case of his death to...another, the contingency referred to is the death of the first-named devisee during the life of the testator, and that, if such devisee survives the testator,...

...free from condition, tinder the rule that, where there is a devise to one person without restriction, and, in case of his death, to another, the contingency referred to is the death of the first-named devisee during the lifetime of the testator, so that if he survives the testator he takes...

...it was said that "it may be regarded as a settled rule of construction that, when there is a devise to one person in fee, and in case of his death to...another, the contingency referred to is the death of the (irstnamed devisee during the life-time of the testator; and that, if such devisee survives the testator,...

...Judge RAPALLO said: " It may be regarded as a settled rule of construction that where there is a devise to one person in fee, and in case of his death to...another, the contingency referred to is the death of the first-named devisee during the lifetime of the testator, and that if such devisee survives the testator...