A remarkable instance is a well-known case in which a condition subsequent in a devise was held void as against public policy, being a gift over of the estate devised in case the first devisee, the eldest son of an earl, did not before his death obtain the lapsed title of Duke of Bridgewater.
32.
Whether the first devisee was tenant for life, or in tail, is a question proper to be considered, and the determination of that point will certainly give great light into this matter, and clear the way towards the construction of the will on the other point, in the manner it has been insisted on.
33.
In modern law, the terms " inheritance " and " heir " refer exclusively to succession to property by descent from a deceased dying beneficiaries, " and specifically " devisees " for real property, " bequestees " for personal property, or " legatees " for money.
34.
On the other hand there is nothing extraordinary in charging Randal the first devisee, or upon a supposition of his death without issue, in the life-time of John, in charging John with the payment of those sums, which raises a very strong presumption, that John was the person intended to take under the limitation to the second son of Randal.
35.
"Deed of indemnity made between Mary Anne Patterson, Sandybrook, County Cavan, widow, devisee and an executor named in will of Alexander Patterson, late of Sandybrook, esquire, of the first part, William Rogers, junior, Cornacrum, County Cavan, gentleman, of the second part, and Joseph Denham, Killeshandra, County Cavan, gentleman, trustee, of the third part.
36.
It has been objected against this construction, that John will then be devisee of the estate, and entitled to the ?0 likewise, which the testator could never intend; but the words must be taken " reddendo singula singulis ", and John to have the ?0 only in case of the first devisee's right taking effect in possession, and the determination of the preceding estates then in being at the time of making the will.
37.
It has been objected against this construction, that John will then be devisee of the estate, and entitled to the ?0 likewise, which the testator could never intend; but the words must be taken " reddendo singula singulis ", and John to have the ?0 only in case of the first devisee's right taking effect in possession, and the determination of the preceding estates then in being at the time of making the will.
38.
On review in " Fairfax's Devisee v . Hunter's Lessee ", 11 U . S . 603 ( 1813 ), the U . S . Supreme Court disagreed with this conclusion, ruling that the treaty did in fact cover the dispute, and remanded the case back to the Virginia Supreme Court, but the Virginia court then decided that the U . S . Supreme Court did not have authority over cases originating in state court:
39.
Under section 2-604 ( b ) of the uniform probate code, " if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue . " Simply put, if there are two parties in the remainder and one has not survived, the entirety of the remainder goes to the surviving residuary devisee or devisees.
40.
Under section 2-604 ( b ) of the uniform probate code, " if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue . " Simply put, if there are two parties in the remainder and one has not survived, the entirety of the remainder goes to the surviving residuary devisee or devisees.
