6. The term children will not include ille gitimate children, if there are legitimate to answer the term, 1 Younge,Ch.354 ; 2 Russ. & M. Ch. 336 ; see 1 Williams, Exec. 992, and note (2) ; otherwise, it may or may not, ac oording to circumstances. See 5 Harr. & J. Md. 10; 2 Paige, Ch. N. Y. 11 • 1 Ves. & B. Ch. Ir. 422 ; 1 Bail. Eq. So. C. '251 •, 6 Ired. Eq. No. C. 130; 1 Roper, Leg. 80. A bequest to "my beloved wife,' not mentioning her by name, applies exclusively to the wife at the date of the will, and is not to be extended to an after-taken wife. 2 P. Will. 992; 1 Russ. & M. Ch. 629 ; 8 Hare, Ch. 131. One not law fully married may, nevertheless, take a legacy by the name or description of. the wife of the one to whom she is reputed to be married, 1 Keen, Ch. 685 ; 9 Sim. Ch. 615 ; but not if the reputed relation is the motive for the be quest. Ves. Ch. 802 ; 4 Brown, Ch. 90 ; Mylne & C. Ch. 145. But see 1 Keen, Reg. Cas.. 685.
Nephews and nieoes are terms which, in the description of a legatee, will receive their. strict import, unless there is something in the will to indicate a contrary intention. 14 Sim. Ch. 214 ; 1 Jac. Ch. 207 ; 4 Mylne & C, Ch. 60 ; 8 Beav. Rolls, 247 ; 2 Yeates Penn. 196 ; 3 Barb. Ch. N. Y. 466 ; 3 Hoist. C'n. N. J. 462. See 10 Hare, Ch. 63 ; 17 Beav. Rolls, 21.
The term cousins will be restricted to its primary signification, where it.is before used in the same will in that sense. 9 Sim. Ch. 457. See 2 Brown, Ch. 125; 1 Sim. & S. Ch. 301 • 3 De Gex, M. & G. 649; 4 Mylne & C. Ch. '56 ; 9 Sim. Ch. 356.
Terms which give an estate tail in lands will be construed to give the absolute title to persimalty, 1 Madd. Ch. 475 ; 19 Ves. Ch. 545 ; bnt slight circumstances will often in duce a different construction. 2 Brown, Ch. 570 ; 5 De Gex, M. & G. 188.
A legacy to one and his heirs, although generally conveying a fee-simple in real estate and the entire property in personalty, may, by the manner of its expression and connection, be held to be a designation of such persons as are the legal heirs of the person named, and thus they take as pur chasers by name. 1 Jac. & W. Ch. 388.
7. Mistakes in the name or description of legatees may be corrected whenever it can, be clearly shown by the will itself what was intended. 1 Phill. Ch. 279, 288; 2 Younge & C. Ch. 72; 10 Hare, Ch. 345; 12 Sim. Ch. 521 ;, 8 Md. 496 ; .9 Eng. L. &,Eq. 269 ; 15 N. H., 317 ; 32 268; 4 Johns. Ch. N. Y. 607 ; 23, Vt. 336 ; 7 Ired. Eq. No. C. 201.
The only instance in which parol evidence is admissible to show the intention of the tes, tator as to a legatee imperfectly described, is that of a strict equivocation:. that is, where it appears from extraneous evidence that two or more persons answer the description in the will. 8 Bingh. 244 ; 5 Mee& & W. Exch. 363 ;. 2 Younge & C. Exch. 72; 12 Ad. & E. 451 ;
Wigram, Wills, 2d ed. 78.
Su Interest of iegatee, Property given spe cifically to one for life, and remainder ever, must be enjoyed specifically during'the life of the first donee, although that may exhaust it. 4 My. & 'Cr. 299 ; 2 My. & Keen, 703. But where the bequest is not specific, ae where personal property is limited to one far life, remainder over, it le presumed that the testator intended the same property to go over, and if any portion of it be perishable, as long annuities, it shall be sold and converted into permanent property, for the benefit of all con cerned. 2 My. & Keen, 699, 701, 702; 7 Ves. 137; 4 My. & Cr. 298.
In personal property there cannot be a re mainder in the strict sense of the word, and therefore every future bequest of personal property, whether it be preceded or not by any particular bequest, or limited on a cer tau; or uncertain event, is an executory be quest,. and falls .under the rules by which that mode of limitation is regulatedi See Fearne, Cont. Rem, 401,. n. An executory bequest cannot be prevented or destroyed by any alteration whatsoever in the estate, Out of which or after which it is limited. 8 Coke, 96 a; 10 id. 476. And this privilege of executory bequests, which exempts thorn from being barred or destroyed, is th.e founcl-' ation of an invariable rule, that the event on which an interest of this sort is permitted to take effect is such as must happen within a life or lives in being, and twenty-one years and the fraction of another year, allowing for the period of gestation, afterwards. Fearne, Cont. Rem. 431.
9. Legacies may be made ccorditional. In such case, the condition may be either prece dent or subsequent: in the former case, no interest vests in the legatee until the per formance of the condition, and in the latter, it is liable to he defeated by the failure or non-performance of the condition. 2 Wil liams, Exec. 1131 et seq.
No particular form of words is requisite to constitute one a residuary legatee. It must appear to be the intention of the testatar that he shall take the residue of the estate, after paying debts and meeting all other appoint ments of the will. 2 Williams, Exec. 1310 et seq. The right of the executor to the resi due of the estate when there is no residuary legatee is well established, both at law and in equity, in England, except so far as it is controlled by statute, 2 P.. Will. 340; 3 Atk. Ch. 228 ; 7 Ves. Ch. 228 : but the rule has been controlled in equity by aid of slight presumptions in favor of the next of kin. 1 Brown, Ch. 201; '14 Sim. 8, 12; 2 Small & G. 241; 14 Ves. Ch. 197. The rule never obtained in this country, it isbelieved, to any great extent. 3 Birin. Penn. 557 ; 9 Serg. & R. Penn. 424 ; 6 Mass. 153; 2-11ayw. No. C. 298 ; 4 Leigh, Va. 163 ; 13 Ill. 117.