LEGAL REPRESENTATIVES. The pri mary meaning of the terms "representatives," "legal representatives," "personal• representa tives," or "legal personal representatives," is executors and administrators in their official capacity ; 36 L. J. Ch. 793; L. R. 4 Eq. 359 ; and it cannot be construed as excluding them ; Wason v. Colburn, 99 Mass. 342 ; but the meaning may be contro)led by the con text ; Merchants' Nat. Bank v. Abernathy, 32 Mo. App. 211. It may mean the next of kin ; Hodge's Appeal, 8 W. N. C. (Pa.) 209; 4 De G. & J. 477 ; 26 Beay. 26; Schultz v. Ins. Co., 59 Minn. 308, 61 N. W. 331; 28 L. J. Ch. 835 ; 16 Sim. 329. It has been held to mean next of kin according to the statute of distribution; 13 L. J. Ch. 147 ; Willard, Ex.; and heirs or legal descendants ; War necke v. Lembca, 71 Ill. 91, 12 Am. Rep. 85; and heirs, assignees or receivers ; Davis v. Davis, 26 Cal. 23, 85 Am. Dec. 157 ; Robin son v. Hurst, 78 Md. 59, 26 Atl. 956, 20 L. R. A. 761, 44 Am. St. Rep. 266 ; Phelps v. Smith, 15 Ill. 574; Barbour v. Bank, 45 Ohio St. 133, 12 N. E. 5 ; Hammond v. Organ Co., 92 U. S. 724, 23 L. Ed. 767 ; see Mutual Life Ins. Co. v. Armstrong, 117 U. S. 591, 6 Sup.
Ct. 877, 29 L. Ed. 997, where the term was said to be not necessarily restricted to the personal representatives of the deceased, but is sufficiently broad to cover all persons who With respect to his property stand in his place and represent his interests, whether transferred to them by his act or by opera tion of law, reversing Armstrong v. Ins. Co.,
11 Fed. 573. When used with reference to land, it ordinarily means those to whom the land descends; Ewing v. Jones, 130 Ind. 251, 29 N. E. 1057, 15 L. R. A. 75. See PERSONAL REPRESENTATIVES; LAPSED LEGACY.
Within the meaning of a life insurance policy it has been held to mean wife and children rather than administrators ; Gris wold v. Sawyer, 125 N. Y. 411, 26 N. E. 464, reversing id., 56 Hun 12, 8 N. Y. Supp. 517, 565, 960 ; Murray v. Strang, 28 Ill. App. 608 ; and the widow, orphan, heir, assign, or lega tee of the member ; Masonic Mut. Relief Ass'n v. McAuley, 2 Mackey (D. C.) 70; but it has been held, where nothing shows that the words were used with a different meaning, the words legal representatives make the proceeds a part of the assets of the insured ; People v. Phelps, 78 Ill. 147. The words families, heirs, or legal represent atives are held to include those who would take property as in cases of intestacy ; Bish op v. Grand Lodge, 112 N. Y. 627, 20 N. E. 562, reversing id., 43 Hun 472; and where the benefit appears to have been intended for the family it may mean heirs or next of kin ; Loos v. Ins. Co., 41 Mo. 538.
The rule that devises lapse by the death of the devisee is not changed by adding to the devise the words "to have and to hold the same to them, their heirs and assigns forever ;" In re Wells, 113 N. Y. 396, 21 N. E. 137, 10 Am. St. Rep. 457. See LAPSED DE VISE; LAPSED LEGACY.