Opinion
July Term, 1808.
A bequeaths personal property to his five daughters, naming them, "to them and their disposal." Three of the daughters die in the lifetime of testator. The shares given to the three who die are to be distributed among the next of kin of testator and do not survive to the other two daughters.
JOSIAH TRUEBLOOD by his will bequeathed one-half of his movable estate to his wife, Elizabeth, during her natural life, and gave "to his daughters, Ruth, Mary, Sarah, Elizabeth and Anne, all the remaining part of his movable estate, to them and their disposal." The daughters Mary, Sarah and Anne died in the lifetime of the testator. Ruth and Elizabeth intermarried with the plaintiffs Sawyer and Relf, and claimed of the defendants that part of the residue of the estate bequeathed to the three daughters who died in the lifetime of the testator; and it was referred to this Court to decide whether that part of the residue so bequeathed to the three daughters who died as aforesaid had lapsed and become subject to be distributed among the next of kin, or vested in the complainants as survivors.
There being no words of severance in the devise to the daughters, it would at common law have been a joint tenancy; but by the act of 1784 it is converted into a tenancy in common. (191) Each of the daughters, then, had a fifth of the residue bequeathed to her in common, and the shares of those who died in the lifetime of the testator must be considered as so much of the testator's property undisposed of by will. As to those, the bequests have become void and cannot be claimed by the survivors.