Page:United States Statutes at Large Volume 47 Part 1.djvu/1196

 1172 Post, p. 1180. When legatee dies be. fore testator. INTERPRETA- TION OF WILLS ; EFFECT OF VARI- OUS PROVISIONS. Intention of testator. Post, p. 1175. Post, p. 1177 72d CONGRESS. SESS. II. CII. 128. FEBRU ARY 27, 1933 . CROSS REFERENCE Advancements in cases of intestacy, see sections 411 to 415. SEC. 348. DISTRIBUTION OF ESTATE WHEN LEGATEE DIES BEFORE TES- TATOR.-When any estate is bequeathed to any child or other relation of the testator, and the legatee dies before the testator, leaving lineal descendants, or any such child or other relation is named in a will as a legatee a nd is dead at th e time the will is executed, but leaves lineal descend ants surviving t he testator ; su ch d es ce nda nt s ta ke t he estate so given by the will in the same manner as the legatee would have done had he survived the testator. CROSS REFERENCES Post, p 1181. "By right of representation," term defined, see section 419. Post, p. 1175. Death of legatee, legacy fails when, see sections 374 and 375. Bequests for ble p urposes. ch arit a- SEC. 349 . RESTRICTIGN ON BEQ UEST S FOR CH ARIT ABLE IISES ; EXCEP- TIONS .-No estate s hall be bequeath ed to any charit able or benevolen t society or corporation, or to any person or persons in trust for charitable uses, .exce pt th e same be done by will duly executed at least thirty days before the decease of the testator ; and if so made at least thirty days prior to such death, such legacy 'hall be ,valid. Pr„`'"os . Lion on Provided, that no such bequest shall collectively eseeccl one-third of Limita amount the estate of the testator, leaving legal heirs, and in srlrh case :a pro rata deduction from such bequests shall lie made so as to rethme the aggregate thereof to one-third of such estate ; aQid all dispositions of property made co ntrary hereto sh all lie void, an d go to the resid uary Exc ept ion . legatee, next of kin, or heirs, according to law ; Provided, h.oviever, That nothing in this section contained shall apply to bequests or devises made by will executed at least six months prior to the death of a testator who leaves no parent, husband, wife, child or grand- child, or when all of such heirs shall have by writing, executed at least six months prior to his de ath, waived the restriction conta ined herein. not Execution provisions SEC . 35 50. EXECUTION OF PRIOR WILLS NOT AFFECTED.-The provisions retroa^.tive. of this chapter do not impair the validity of the execution of any will made before it takes effect. CHAPTER 24.-INTERPRETATION OF WILLS, AND EFFECT OF VARIOUS PROVISIONS SEC. 351. TESTATOR'S INTENTION TO BE CARRIED OUT.-A will is to be construed according to the intention of the testator. Where his inten- tion can not have effect to its full extent, it must have effect as far as possible. Ca oss R NO as Construction of will made before code went into effect, see section 383. Declaration of testator as evidentr, see section 352. Intention of testat r, see section 3 95. To be from will ascert ained ,SEC . 35 5 2 . INTENTION TO BE ASCERTAINED FR OM THE WILL .-In case of uncertainty a rising upon the face of a will, as to the applica tion of any of its provisions, the testator's intention is to be as cert aine d from the words of the will, taking into view tim eircumstences under which it wife made, exclusive of his oral declarations.