Hall

Goldsborough, J., delivered the opinion of this Court. The appellant, Richard C. Hall, as executor of Eliza S. Hall, filed his petition in the Orphans’ Court of Baltimore city, alleging that he was ready and willing to distribute the estate of his testatrix ; but being in doubt as to the parties entitled to one undivided fifth part thereof bequeathed to Eugenia S. Hall, who died in the lifetime of her mother, the testatrix, he prayed for an order of distribution, which the Orphans’ Court passed pro forma, on the 25th day of September, 1866, directing the executor to distribute the share of Eugenia amongst the granddaughters of the testatrix who were living at the time of her decease. From this order this appeal was taken. Whether the ruling of the Court below is correct, depends upon the proper construction of the will of Mrs. Hall, which is dated the 19th day of November, 1861, and was admitted to probate on the 13th of March, 1865.

A careful examination of this will has satisfied us that the order of the Orphans’ Court is correct. The share bequeathed to Eugenia was for her life, and if she continued unmarried, she should have the power to dispose of the same by will, after the decease of her mother ; and failing to do so, her share was devised to the granddaughters of the testatrix living at her death. Eugenia died in the lifetime of her mother unmarried. Though she made a will which was