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will

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Mowatt v. Carow, 7 Paige Ch. 328, 4 N.Y. Ch. Ann. 175, 32 Am.Dec. 641

Facts

John Mowatt the elder made his will in 1816, devising his estate to his wife for life and directing that it be sold after her death. He provided for the distribution of the proceeds among his children and grandchildren. John Mowatt, jun. died before his father, leaving three children, one of whom died before the testator. After the testator's death, a dispute arose regarding the distribution of the estate, particularly concerning the shares intended for John Mowatt, jun. and his children.

John Mowatt the elder made his will in 1816, devising his estate to his wife for life and directing that it be sold after her death. He provided for the distribution of the proceeds among his children and grandchildren. John Mowatt, jun. died before his father, leaving three children, one of whom died before the testator. After the testator's death, a dispute arose regarding the distribution of the estate, particularly concerning the shares intended for John Mowatt, jun. and his children.

Issue

The main issue was whether the share intended for John Mowatt, jun. lapsed upon his death in the lifetime of the testator, and whether his children or grandchildren were entitled to the estate.

The main issue was whether the share intended for John Mowatt, jun. lapsed upon his death in the lifetime of the testator, and whether his children or grandchildren were entitled to the estate.

Rule

The court ruled that where an interest in property is given to a person with a limitation over to their children, the death of the first devisee in the lifetime of the testator does not produce a lapse of the limitation over to the substituted objects of the testator's bounty.

The court ruled that where an interest in property is given to a person with a limitation over to their children, the death of the first devisee in the lifetime of the testator does not produce a lapse of the limitation over to the substituted objects of the testator's bounty.

Analysis

The court analyzed the language of the will and determined that the testator intended for the surviving children of John Mowatt, jun. to inherit his share. The court emphasized that the term 'children' was used in its ordinary sense, excluding grandchildren unless explicitly stated otherwise. The court found that the provisions of the will were clear and that the surviving children were entitled to the share.

The court analyzed the language of the will and determined that the testator intended for the surviving children of John Mowatt, jun. to inherit his share. The court emphasized that the term 'children' was used in its ordinary sense, excluding grandchildren unless explicitly stated otherwise. The court found that the provisions of the will were clear and that the surviving children were entitled to the share.

Conclusion

The court concluded that the two surviving children of John Mowatt, jun. were entitled to the entire share of the estate, and the complainant, as a grandchild, was excluded from participation.

The court concluded that the two surviving children of John Mowatt, jun. were entitled to the entire share of the estate, and the complainant, as a grandchild, was excluded from participation.

Who won?

The prevailing party was the two surviving children of John Mowatt, jun., as the court ruled in their favor based on the clear intent of the testator as expressed in the will.

The prevailing party was the two surviving children of John Mowatt, jun., as the court ruled in their favor based on the clear intent of the testator as expressed in the will.

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