Beddard v. . Harrington

Citric, J. Tbe devise to tbe wife “during ber natural life or widowhood,” by tbe settled rules of construction, was determinable either upon ber death or re-marriage, otherwise tbe words “or widowhood” would be meaningless. 2 Redf. Wills, 219. Tbe widow, having re-married, can not maintain tbe action to recover possession. Tbe devise to tbe granddaughter, tbe defendant, “after tbe death of my said wife” can not take effect till that event, but that can not avail tbe plaintiff, who must recover on tbe strength of ber own title, not upon defects in that of tbe defendant. If there is no provision in tbe will (tbe whole of which is not before us) devising tbe realty, after tbe re-marriage of tbe widow, until tbe devise to tbe granddaughter is to take effect, i. e. at death of tbe widow, tbe realty would go to tbe heirs-at-law of tbe devisor for such interval, and tbe granddaughter would be entitled in that capacity as sole heir, unless there were others, in which event she would be tenant in common till tbe death of tbe widow, when she would become sole owner under tbe terms of the devise. In any aspect, tbe plaintiff is not entitled to recover, and upon tbe case agreed, judgment should be entered in favor of tbe defendant. Reversed.