Page:United States Statutes at Large Volume 47 Part 1.djvu/1198

 1174 Fost, p. 11711. Residuary clause. "Heirs, ,, °relatives, et c. Csoss REi'ssmw i Ante, p.1183. "Issue, " int erp ret atio n of, see section 278. Words of donation, SEC. 367. WORDS OF DONATION AND OF LIMITATION :The terms menr etc ' tinned in section 366 are us ed as words of donation, and not of limitation, when the property is given to the person so designated, directly, and not as a qualification of an estate given to the ancestor of such .person. Time to which words SEC. 368 . To WHAT TIME WORDS REFER ..-?Words i n a will referring refer, to death or surv ivorship, simply, relate to the time of the testa tors death, unless p ossession . i s actually postponed, when they must be referred to the time of possession . Bequests to a class . SEC . 369 . BEQUEST To A CLASS.-A testamentary disposition to aa class includes e very person answ ering the descri ption at th e te s ta to r' s death ; but when the possession is postponed to a future period, it includes also all persons coming within the description before the time to which possession is postponed. Caoss R.EEESP7NCE Posthumous children, see section 370. Unbornchildofclass. SEC. 370. WHEN CH ILD BO RN AFT ER TES TAT OR' S DEA TH TA$ ES UND ER WILL .-A child conceived before, but not born until after a testator's death, or any other period when a disposition to a class vests in right or in poss ession, takes, i f answer ing to th e descri ption of the class. Ante, p. 1125. Ante, pp. 1155 .1171 ; post,p.1181. Mistakes and omis- sions. Atate, p. 1172 . 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . Csoss REFERENCE General and specific legacies, see section 384. SEC. 365. RESIDUARY CrAUSE. -A bequest of the, residue of the testator's personal property, passes all the personal property which he was entitled to bequeath at the time of his death, not otherwise effectually bequeathed by his will. SEC. 366. "HEIR S," " RELATI VES," "ISSU E," "D ESCENDANTS, ETC.- A testamentary disposition to "eirs," "relations," "nearest rela- tions ." "representatives," "legal representatives," or "personal representatives," or "family," "issue,'" descendants," " nearest " of "next of kin" or any person, without other words of qualification, and when the terms are used as words of donation, and not of limita- tion, vests th e property in th ose who would be entitled to suc ceed to the property of such person, according to the provisions of chapter 26 of this code on succession. CROS S REF EREN CES Child en ventre sa mere, see section 18. Succession by posthumous children, see sections 213, 344, and 419. SEC. 371. MI STA KES AND OMISSIONS .-Wllen, applying a will, it is found that there is an imperfect description, or that no person or property exactly answers the description, mistakes and omissions. must be corrected, if the error appears from the context of the will or from extrinsic evidence ; but evidence of the declarations of the testator as to his intentions can not be received. CROSS REFF •R FNCE Evidence c intention, see section 352. When bequests vest. SEC. 372. WHEN BEQLESTS VE S T .-Testamentary dispositions, including bequests to a person on attaining majority, are presumed to vest at the testator's death.