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Mrs O. And six children, including George and Thomas, survived the testator. Thereafter Mrs O. died intestate and without having disposed of any part of the one-third of the residue during her life. She was survived by three children, George, Thomas, and John,
Held (1) that under the will Mrs O. took the fee of one-third of the residue, and (2) that failing her there was a substitution in favour of her children other than George and Thomas, and that, as Mrs O. had done nothing to evacuate the destination, her son John succeeded on her death to the fee of the said share.
Frog's Creditors v. His Children , 1736, 3 Ross's L.C., Land Rights, 602 , and Lindsay v. Dott , 1807, M. voce Fiar, App. 1 , followed.
The capital sum represented by the one—third of residue in question was invested by the executors in railway preference or debenture stock, and amounted to £3800, and the revenue was not less than £140.
At the dates of the execution of the said will and at the death of the testator, Mrs Osborne's family consisted of six children, Page: 280 ↓
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