Francis J. Byrnes, Respondents v. Benjamin M. Stilwell, Appellants

Summary

The New York Court of Appeals reversed the lower courts, holding that the children of the testator's daughter who were alive at the testator's death (including those born thereafter) received a vested fee simple remainder subject to open, and that the death of a remainderman without issue does not divest his share. The court based this on the clear language of the will and the rule that a fee estate cannot be limited by later ambiguous provisions.