This is the law as I read the authorities, and it applies to this case. This will does not come within the comment of the learned author. Browne v. Moody, supra, also deals with the question in this language [p. 8]: “As to the effect of cl. 7 their Lordships entertain no doubt. All the legatees have survived the testatrix so that the only contingency now affecting them is the contingency of predeceasing the son of the testatrix ‘leaving issue’. A legatee predeceasing the son without leaving issue would not be affected by the clause and the interest of such a legatee would pass on her death to her representatives. But the contingency of death ‘leaving issue,’ with the gift-over in that event to such issue is in their Lordships’ opinion effectual to render the legacies subject to defeasance or divestiture in that event. The contingency of predecease ‘leaving issue,’ in other words, is a resolutive, though not a suspensive condition; it does not prevent vesting a morte but it prevents that vesting from being absolute and renders it subject to divestiture in the event of this specified contingency happening. This is in accordance with well-settled principles.”
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