...living at the time of the death of tin testator, such devise or bequest should not lapse, bu should take effect as if the death of such person had happened...death of the testator unless a contrary intention should appear by the will His HONOUR said that his construction of the section referred to was, that...

...personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will." These sections, it will be observed, dispose of all those questions which were decided under the old law...

...every will shall be construed to spenk and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will ;" and the 34th, " that every will re-executed or republished, or revived by any codicil,...

...personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will." [By the Revised Statutes of New York, vol. 2, p. 2 § 5, " Every will that shall bo made...

...lifetime of the la ps e testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or...testator, unless a contrary intention shall appear by the will. XXXIV. And be it further enacted, That Act not to extend to this Act shall not extend to...

...lifetime of the testator leaving issue, and any of such issue of such person shall be living at the time of the death of the testator, such devise or...testator, unless a contrary intention shall appear by the will." It appeared that a Mr. Johnson had devised his property to his son, and that the son had...

...the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or...testator, unless a contrary intention shall appear by the will." The first section of the act, which also has been much relied on, enacts, that in construing...

...the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or...after the death of the testator, unless a contrary inten- 1844. tion shall appear by the will. The first section of the Act, which also has been much...

...such entail, and any such issue shall be living at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death...death of the testator, unless a contrary intention should appear in the The third and remaining alteration concerns gifts to Sect- 33the children or other...

...the same position as if he had survived the testator, or, to use the precise words of the statute, as if the death of such person had happened immediately after the death of the testator. This construction, (which had been adopted, it is believed, by all the text writers on the recent act),...