Page:Federal Reporter, 1st Series, Volume 3.djvu/71

 Ci FEDERAL REPORTER, �of the body of the adoptive parent; but this -was held in SewaU V. Roberts, ubi supra, not to include a limitation to chU- dxen. The other was, that he.should not take by "representa- tion;" and there is no pretence that Willie K, Tirrell claims by that title. �It is argued that the will expresses a general intent to favor those who were of the testator's blood, by its final limitation over to his heirs if his ehildren's children should leave no issue. But the eases decide that an adopted ehild is a child, and is issue, and no general inferential intent can overrule the lan- guage. The argument was equally strong in one of the cases above cited. I cannot doubt that Willie K. Tirrell takes, by purchase, unless eut off by a later statute. �The statute of 1876, c. 213, repeals the act of 1871, and changes the law of adoption very materially, with a view to limit the operation of the earlier statutes as construed by the supreme court. Section 9 declares that "the term child, or its equivalent, in any grant, trust, settlement, entail, devise, or bequest, shall be held to include any ehild adopted by the settler, grantor, or testator, unless the contrary clearly ap- pears by the terms thereof ; " but in ail other cases the pre- sumption should be against that construction; "provided, however, that nothing in this act shall be construed to restrict any right to the succession to property, which may have vested in any person already adopted in accordance with the laws of this commonwealth. " �When this law was passed Willie K. Tirrell had already been adopted, and the question is whether his rights are affected by it. �In Massachusetts the devise of a life estate, with a limita- tion over to the children of a person living at the death of the testator, gives ail the children tlien living a vested re- mainder, which opens to let in after-born children. Dingley V. Dingley, 5 Mass, 535; Weston v. Foster, 7 Met. 297. In this case, the limitation being to those children of the life tenant who shall survive him, the interest of Willie K. Tirrell would be contingent on such survival ; but it would be assign- able by him if he were of age, and would, therefore, go to his ����