maining half be distributed among his legal | otherwise to the legal representatives or asheirs and legal representatives according to signs of said member. Hall v. Ayers' Guardthe laws of distribution. Held, that the term ian (Ky.) 105 S. W. 911, 913, 914. "legal representatives" was without precise determinate meaning, and was used merely to indicate that testator intended that all who would take under the statute of distribution were entitled to share under the term "legal heirs," and hence did not include children of testator's first cousins who died before testator, they not being entitled to distribution in intestacy, as provided by Gen. St. 1902, § 398. Dickerman v. Alling, 76 Atl. 362, 363, 83 Conn. 342. A certificate issued by a fraternal insurance association payable to the estate of a member is payable to his "legal representative" within the by-laws of the association authorizing certificates to be made payable to legal representatives of members. Vaughan's Adm'r v. Modern Brotherhood of America, 149 S. W. 937, 938, 149 Ky. 587. As administrators or executors Where a will provided that any real property of testatrix that had not been disposed of by her husband at his death should be equally divided between her heirs and legal representatives and his legal representatives, one who was executrix of the husband's will and a devisee thereunder was a "legal representative," of the husband, within the will of testatrix. Gruenewald v. Neu, 74 N. E. 101-103, 215 Ill. 132. The use of the expression, "heirs and legal representatives" instead of "heirs, executors, and administrators," may, under some circumstances, raise the presumption that those who are beneficially interested and succeed to the property and rights of the decedent are intended. Marsh v. Marsh, 137 N. w. 1122, 1124, 92 Neb. 189. "The ordinary meaning of the words 'legal representatives' is 'executors and administrators,' and they are to be given that meaning unless there is something in the will properly construed to show that they should have some other meaning." Alexander v. McPeck, 75 N. E. 88, 91, 189 Mass. 34. "Personal representatives" and "legal The phrase "legal representatives" ordinarily means executors or administrators where not qualified by context. An act of Congress (Act April 28, 1904, c. 1759, 33 Stat. 436) provided a pension of $1,000 which should be exempt from payment of debts of decedent, to be paid to the legal representatives of any railway clerk killed while on representatives" are sometimes used interduty. Held, that the words, "legal representatives," were used in their ordinary sense; the intent being that the money should be paid to the administrator to be distributed according to the laws of the state of decedent's domicile, saving the payment of debts. Wolfe v. Wolfe, 134 S. W. 33, 34, 154 Mo. App. 218. The phrase "legal representatives," in its ordinary acceptation, means executors and administrators, though it may mean next of kin or descendants. Kelsay v. Eaton, 76 Pac. 770, 772, 45 Or. 70, 106 Am. St. Rep. 662. changeably, as signifying not only executors or administrators, but also those who legally stand in place of, or represent the interests of, another. Lowry v. City of Duluth, 101 N. W. 1059, 1060, 94 Minn. 95. Under a life policy in which the insurer agreed with the "insured, his executors, administrators, and assigns," to pay the amount of the policy to insured's "legal representatives," the amount is payable to insured's executors or administrators, and not to his next of kin. New York Life Ins. Co. v. Kansas City Nat. Bank, 97 S. W. 195, 196, 121 Mo. App. 479. "The words 'legal representatives' or The words "legal representative" are pre'personal representatives' have also been used sumed to mean executors and administrators, as designating executors or administrators, and that meaning will be attributed to them and not next of kin, in acts of Congress giv- | in any instance, unless by the context or suring actions for wrongs or injuries causing death." Briggs v. Walker, 19 Sup. Ct. 1, 3, 171 U. S. 466, 43 L. Ed. 243. The words "legal representatives" have a well-recognized meaning in law that are equivalent to executor or administrator, and are technical words, and when used in any legal instrument, and there is nothing in the context or otherwise to explain their meaning, they should be understood in their technical sense. Page v. Metropolitan Life Ins. Co., 135 S. W. 911, 912, 98 Ark. 340. rounding circumstances it be shown that the words were not so used, but denote some other and different idea. Rockland-Rockport Lime Co. v. Leary, 97 N. E. 43, 47, 203 N. Y. 469, Ann. Cas. 1913B, 62. The term "legal representatives" of a deceased person will mean the executor or administrator if the subject-matter is personalty, and heirs or devisees if it is realty, within the rule that all the necessary parties to a judgment sought to be reviewed must be the parties to the bill of review, and, It may be conceded that the words "le- if they are dead, their "legal representagal representatives" frequently mean executives" must be parties. State Fair Ass'n v. tors and administrators as used in a policy Terry, 85 S. W. 87, 89, 74 Ark. 149 (citing of insurance payable to insured's wife and Cochran v. Cochran, 17 Atl. 981, 127 Pa. 486; children if living at the time of his death, Ralston v. Sharon, 51 Fed. 702; Johnson v. Van Epps, 110 Ill. 557; Turner v. Berry, 8 and heirs," was used with the idea of using Ill. 541). In wills and other written instruments, the words "legal representatives" are frequently used to mean the persons who succeed beneficially to the property or interest of the deceased. Whether in any given case they are so used, or the executor or administrator is intended, must be determined from a consideration of all of the provisions of the will. Marsh v. Marsh, 137 N. W. 1122, 1124, 92 Neb. 189. Within an order of a probate court that money be paid to a legatee of testatrix or his "legal representative," his executor or administrator, and not his heirs, is such representative, as that court could not properly undertake to distribute his estate as part of the settlement of testatrix's estate; the ascertainment of his legal heirs being, under Gen. St. 1902, § 394, for that court in the settlement of his estate. Cooley v. Pigott, 80 Atl. 92, 93, 84 Conn. 323. The words "legal representatives," in a certificate issued by a foreign corporation authorized to issue benefit certificates, which recites that the amount thereof shall be paid to "legal representatives, related to the member as " do not include any of the persons specified in Rev. St. 1909, § 7109, providing that death benefits shall be paid to the families, heirs, blood relatives, affianced husband or wife of, or to persons dependent words broad enough in their significance to include all persons having claims against the city on account of the death, and hence the claim was sufficient as a basis for an action for the benefit of the widow under the statute. Moyer v. City of Oshkosh, 139 N. W. 378, 380, 151 Wis. 586 (citing 4 Words and Phrases, pp. 3241-3264; 5 Words and Phrases, pp. 4070-4079). Gen. St. 1906, § 3147, provides that, where the death of a minor child is caused by the wrongful act or negligence of a corporation or its agents, the father, as the legal representative of such minor child, may sue for the loss of services of the child and for the mental pain and suffering of the parent or parents. Held, that the damages authorized are personal to the parents, and an action therefor should be by the parent personally, and an administrator of the minor child has no interest in or right to such recovery; the term "legal representative" having reference to the parties benefited by the rights conferred, and not to the administrator or executor of a decedent. Seaboard Air Line Ry. v. Moseley, 53 South. 718, 719, 60 Fla. 186. Testator devised the residue of his es tate to trustees, and directed that, if his wife survived him, they should set apart a third thereof and pay the income to her for life, and at her death the fund should be divided into three parts, one of which should be paid to his son, if surviving testator's wife, otherwise to his issue living at the time of her death, and in default of issue to He directed the his legal representatives. trustees, if the son survived him, to set apart on, the member, but mean the executor or administrator of the member, and the liability of the corporation is that of a life insurance company, under section 6945, making the defense of suicide unavailable to life insurance companies. Ordelheide v. Modern Brotherhood of America, 139 S. W. 269, 270, and invest a specified sum and pay the in158 Mo. App. 677. The words "representative" and "legal representative" of a person do not necessarily exclude the administrator or executor, but such words employed in a policy of a benefit association in view of the purposes of the association to benefit the family and heirs of deceased members were not intended to include the administrator of the member referred to in a policy. Tucker v. Knights of Pythias of North and South America, 68 S. E. 796, 797, 135 Ga. 56. come thereof to the son for life, and at his death to pay the principal to his issue, and in default of issue to his legal representatives. Held, that the words "legal representatives" meant executors and administrators, so that the son took one-third of the trust fund created for the use of the widow if he survived her, and the right to have it administered as a part of his estate by his own executors or administrators, if he died before the widow without issue, and the trust fund created for his own use was also to be turned over to his executors or admin A claim against a city for the instanta-istrators, if he died without issue. Alexneous death of plaintiff's intestate, through ander v. McPeck, 75 N. E. 88, 91, 189 Mass. the city's negligence, stated that the claim 34. was for damages sustained by his estate, Where two beneficiary certificates were legal representatives, and heirs, and that his payable to testator's mother, who died beestate, legal representatives, and heirs claim- fore he did, and provided that in such case ed a specified sum as damages. Held, that they should be payable to the "legal reprethe words "legal representatives" were not sentatives" of the member, and the articles used in their strictly technical sense as exec- of incorporation declared the object of the utors or administrators, nor was the word association to be the equitable distribution "heir" used in its primary and technical of the fund among the "families or beneficisense as one who, by reason of birth in law- aries" of deceased members, and declared ful wedlock, inherits real property, but that that each certificate entitled "the heirs or the expression, "estate, legal representatives, legal representatives or designated benefici aries" to $2,000, and testator's will gave each of his two sisters such of his property as they might have in charge at his death, and all the "residue of which I may die seised, real, personal and mixed," absolutely to his affianced, it was held that, while the words "legal representatives" might sometimes be interpreted as "legal heirs," here they must be given their usual meaning and carried the certificates to the executor, and they went to the affianced by the residuary clause. Walker v. Peters, 124 S. W. 35, 36, 139 Mo. App. 681. The word "heirs" properly means those on whom the law casts the real estate immediately on the death of the ancestor, and the words "legal representatives" mean executors and administrators. These words are to be construed unless from the context of a will it may be seen that testator intended to use them with another meaning. Where a share of an estate consisting of both real estate and personalty was to go to the "heirs or legal representatives" of a deceased legatee, the "heirs," according to the plain meaning of the term, would take the real estate. Where a share of an estate consisting of both real estate and personalty was to go to the "heirs" or "legal representatives" of a deceased legatee, the personalty would go to the next of kin, since to construe "legal representatives" in its primary meaning would make the personalty subject to the testamentary disposition and the debts of the deceased legatee, while the real estate was not. Howell v. Gifford, 53 Atl. 1074, 1077, 64 N. J. Eq. 180 (citing Williams' Ex'rs, 1013). Testator bequeathed to his wife the balance due on a policy of insurance issued by a company which was neither a fraternal nor a mutual benefit association. The policy provided for payment to the beneficiary, his "legal representatives" or assigns. The application directed that the insurance should be paid "to whom I may direct in my will." Held, that the title vested in the widow, after the satisfaction of a debt to secure which it had been assigned, as executrix, and not as a beneficiary under the policy. Leonard v. Harney, 66 N. E. 2, 173 N. Y. 352. Hunt v. Remsberg, 112 Pac. 590, 591, 83 Kan. 665, 32 L. R. A. (N. S.) 246, 21 Ann. Cas. 1267. Agent A provision of an insurance policy that the term insured, as used therein, shall include his "legal representatives," does not include his agents. Boston Marine Ins. Co. V. Scales, 49 S. W. 743, 745, 101 Tenn. 628. Assignees, purchasers, and grantees The words "legal representative," as used in a statute relating to settlement on public lands, included not only heirs, executors, or administrators of a settler, but his legal assigns. Lapish v. Wells, 6 Greenl. (6 Me.) 175, 185. An assignment of a patent to two persons named, "and to their legal representatives," to be held and enjoyed by them for their own use and behoof "and for the use and behoof of their legal representatives,' is not a mere personal license to the persons named, but the words "legal representatives" mean "assigns" as well as "executors and administrators." Hamilton v. Kingsburg, 11 Fed. Cas. 346, 347, 15 Blatchf. 64. On the death of a party to an action involving real estate, the heir of the deceased party must be brought in as successor, and hence a contention that the provisions of the Code of Public General Laws, providing that if a party to a suit in equity shall die before final decree, leaving heirs at law or representatives who should be made parties, it shall not be necessary to file an amended bill, do not contemplate that such proceedings should be revived by summoning in the heir, but that they mean, by using the term "legal representative," that the purchaser, and none other, in case of a sale of the land by the fraudulent vendee, should be brought in, is untenable. Sinclair v. Auxiliary Realty Co., 57 Atl. 664, 668, 99 Md. 223. The term "legal representative," as used in a land patent, embraced a representative by contract, a grantee, or assignee, as well as a representative by operation of law. The purchaser of a land claim sold by a Louisiana parish court in administration proceedings is a "legal representative" of the claimant, within the meaning of Act Cong. June 2, 1858, requiring the surveyor general of the district in which a land claimed is located, on satisfactory proof that such claim had been confirmed and is unsatisfied, to issue to the claimant or his "legal representative" a certificate of location of a quantity of land equal to that so confirmed and unsatisfied. Bradley v. Dells Lumber Co., 81 N. W. 394, 396, 105 Wis. 245. A fraternal insurance association issued a certificate of membership to a man who named his wife as beneficiary. It provided that if his wife died before he did, he might name another beneficiary, but if he failed to do so, the insurance should be paid to his legal representative. The wife died; he died later; an administrator was appointed to whom the association paid the money. The Code Civ. Proc. Cal. § 473, provides that insured left three children who sued the ad- an assignee or grantee is a "legal representaministrator to recover the money. Held, tive" of the assignor or grantor in regard to that the administrator was the legal repre- the things assigned or granted. Abb. Law sentative of the deceased within the meaning Dictionary says that "to represent a person" of that term and was entitled to the money.is to stand in his place, to act his part, ex ercise his right, or take his share. Massey, 76 Pac. 226, 228, 13 Okl. 670. Brown v. etc., unless called by the opposite party, and providing that the provision shall extend to all actions by or against the heirs or "legal representatives" of a decedent arising out of transactions with the decedent, the reference to heirs and "legal representatives" does not include devisees and legatees, and in an aetion to cancel a deed given to one since deceased, where it appeared that by a settlement among the defendants certain churches were entitled to an interest in the estate as While in common parlance the expression "legal representatives" means administrators or executors, legally it is not always so exclusive. Under a lease giving the lessor the right to cancel the lease and providing that the covenant and agreements contained therein were binding on the parties and their legal representatives, a grantee of the lessor had a right to cancel the lease. Adler v. Lowenstein, 102 N. Y. Supp. 492, 493, 52 Misc. Rep. 556 (citing Mutual Life Ins. Co. v. Armstrong, 6 Sup. Ct. 877, 879, 117 U. S. 591, 597, 29 L. Ed. 999; Warnecke v. Lembca, 71 Ill. 91, 93, 12 Am. Rep. 85). As assigns See Assigns. Descendants While the term "legal representatives" in its ordinary acceptation means executors and administrators, it may also mean descendants. Kelsay v. Eaton, 76 Pac. 770, 772, 45 Or. 70, 106 Am. St. Rep. 662. Under a will giving legacies to relatives who shall be living or whose legal representatives shall be living at a certain time, the words "legal representatives" mean children or lineal descendants. Miller v. Metcalf, 58 Atl. 743, 745, 77 Conn. 176. Testator created a, testamentary trust, and provided that the income thereof should be applied to the use of daughters named and a son named, and declared that on the death of the daughters, respectively, the principal held in trust for the daughter dying should be transferred to the children of the deceased daughter, and, in default of children, the property should go to the other children named in the will and to their legal representatives. Held, that the words "legal representatives" meant lineal descendants, though the daughters were illegitimate children of testator. Dwight v. Gibb, 129 N. Y. Supp. 961, 964, 145 App. Div. 223. Devisees and legatees The words "legal representatives," as used in a contract for preferential rates between a railroad company and a shipper, which provided that the railroad agreed to transfer logs for such shipper and his assigns at a prescribed rate, and defined the word "assigns" as limited to the shipper's legal representatives in case of death, to his successors in the timber and lumber business in case of his retirement, and to any mill that he might build or purchase, does not include a legatee of the shipper's lumber business under his will. Sullivan v. Louisville & N. R. Co., 35 South. 694, 697, 138 Ala. 650. In Rev. Civ. St. art. 2248, providing that in actions against executors, etc., neither party shall be allowed to testify against the other as to any transaction with the testator, legatees and other defendants were entitled to an interest as heirs, plaintiff's testimony that the deed to the decedent had been given to secure a debt which had been released by decedent's will was admissible, as against the churches as legatees, but not as against the other defendants as heirs. Emerson v. Scott, 87 S. W. 369, 370, 39 Tex. Civ. App. 65. The term "legal representatives" of a deceased person will mean the executor or administrator if the subject-matter is personalty, and heirs or devisees if it is realty, within the rule that all the necessary parties to a judgment sought to be reviewed must be the parties to the bill of review, and, if they are dead, their “legal representatives” must be parties. State Fair Ass'n v. Terry, 85 S. W. 87, 89, 74 Ark. 149 (citing Cochran v. Cochran, 17 Atl. 981, 127 Pa. 486; Ralston V. Sharon, 51 Fed. 702; Johnson v. Van Epps, 110 Ill. 557; Turner v. Berry, 8 Ill. 541). Under Laws 1885, p. 698, c. 405, § 6, providing for the delivery of a tax deed to the purchaser, his "legal representatives" or assigns, a deed is properly delivered to the sole devisee of the purchaser's estate, the quoted term not being necessarily confined to executors, administrators, etc. Rosenblum v. Eisenberg, 108 N. Y. Supp. 350, 353, 123 App. Div. 896 (citing Griswold v. Sawyer, 26 N. E. 464, 125 N. Y. 411; Rice's Lessee v. White, 8 Ohio, 216; 2 Blackw. Tax Titles, 8963, and note 1, citing cases; Black, Tax Titles, p. 312; Morehouse v. Phelps, 18 Ill. 472; Mutual Life Ins. Co. v. Armstrong, 6 Sup. Ct. 877, 117 U. S. 591, 29 L. Ed. 997; Duncan's Lessee v. Walker [Pa.] 1 Yeates, 213; Commonwealth ex rel. Kreber v. Bryan [Pa.] 6 Serg. & R. 81; Wamsley v. Crook, 3 Neb. 344; Lee v. Dill [N. Y.] 39 Barb. 521). Heirs, next of kin, and distributees Lineal heir as including, see Lineal While the term "legal representatives" ordinarily means executors or administrators, it may be shown to mean next of kin. Wolfe v. Wolfe, 134 S. W. 33, 34, 154 Mo. App. 218; Kelsay v. Eaton, 76 Pac. 770, 772, 45 Or. 70, 106 Am. St. Rep. 662. P. L. 1898, p. 778, § 168, provides that the orphans' court shall make distribution "to the next of kindred to the intestate in equal degrees, or legally representing their stocks," and section 169 provides that, "in case there be no child, then to the next of | to mean heirs and next of kin, and not exkindred of equal degree of or unto the intes- ecutors and administrators." Davidson V. tate and their legal representatives as afore- Jones, 98 N. Y. Supp. 265, 266, 112 App. Div. said." Held that the words "legal represen- 254 (citing Griswold v. Sawyer, 26 N. E. 464, tatives," as used in section 169, mean legal 125 N. Y. 411). representatives of their stocks, and, having found a common ancestor of the intestate and the living next of kin, the logical con clusion is that the nearest class of kinsman descending from that ancestor, together from the stock to which representation is limited. Smith v. McDonald, 61 Atl. 453, 454, 69 N. J. Eq. 765. In Davidson v. Jones, 98 N. Y. Supp. 265, 112 App. Div. 255, it was held that though vising property to the testator's wife and on the words "legal representative" in a will deher decease, to her children, or to their legal representative, refer technically to executors or administrators, yet they may also mean heirs at law or next of kin, and where used The term "legal representatives" of a de-in reference to real estate, they mean heirs ceased person will mean the executor or of testator's deceased children. In re Alliadministrator if the subject-matter is per- son, 102 N. Y. Supp. 887, 895, 53 Misc. Rep. sonalty, and heirs or devisees if it is realty, 222. within the rule that all the necessary parties to a judgment sought to be reviewed must be the parties to the bill of review, and, if they are dead, their "legal representatives" must be parties. State Fair Ass'n v. Terry, 85 S. W. 87, 89, 74 Ark. 149 (citing Cochran v. Cochran, 17 Atl. 981, 127 Pa. 486; Ralston v. Sharon, 51 Fed. 702; Johnson v. Van Epps, 110 Ill. 557; Turner v. Berry, 8 Ill. 541). is Where a testator makes a bequest to his sister, or, in case of her death before his own, to her heirs and legal representatives, the expression "legal representatives" equivalent to "heirs," and may be regarded as mere surplusage. In re Riesenberg's Estate, 90 S. W. 1170, 1171, 116 Mo. App. 308. Where there was nothing in the contract of insurance nor in any statute or provision in the charter of the company to indicate that the words "legal representatives" were used in their broader sense to mean heirs at ble to the insured if he was alive at the end of 15 years, and to his legal representative if he died before that time, his heirs had no vested interest in the policy by the use of such phrase, which would prevent the insured from assigning the policy. Page v. Metropolitan Life Ins. Co., 135 S. W. 911, 912, 98 Ark. 340. While it may be conceded that the words "legal representatives" mean executors and administrators, as used in Ky. St. 1904, 8 655, providing that when a policy of insur-law, and the policy was an endowment payaance is effected on one's own life, in favor of some person other than himself, having an insurable interest therein, the lawful beneficiary, other than himself or his "legal representatives," shall be entitled to its proceeds as against creditors and representatives of insured, yet in an assessment insurance policy that the amount should go on his death | to his wife (naming her) and his two daughters, if living, otherwise his "legal representatives" should be entitled to the insurance in equal parts, the words mean heirs and distributees. Hall v. Ayer's Guardian (Ky.) 105 S. W. 911, 913, 914. Gen. St. 1902, § 398, provides that ancestral real estate shall be distributed to the brothers and sisters, and those who legally represent them, of the blood of the ancestor from whom such estate came; that, if there are none such, then to the children of the That the heirs at law of a lessor, who ancestor, and those who legally represent dies intestate, were the only persons who them; that, if there be none such, then to could execute a good and sufficient deed to the brothers and sisters of the ancestor, and premises leased with an option to the lessee those who legally represent them; and that, to purchase, will not make them the "legal if there be none such, then it shall be divided representative" contemplated by the lease, to in the same manner as other real estate. whom notice of a desire to exercise the op- Held that "legal representatives" tion was to be given, where, by its terms, the those who inherit property per stirpes as legal representative provided for was not re- the representatives of a deceased ancestor, quired to execute the deed, but only to deliv-in whose place, for the purpose of succession er it or cause it to be delivered. Rockland- to such property, they stand, and so, where Rockport Lime Co. v. Leary, 97 N. E. 43, 47, a son as the sole issue of his father died 203 N. Y. 469, Ann. Cas. 1913B, 62. means without issue, his mother surviving, ances "While technically the words 'legal rep-tral estate which he had inherited from his resentatives' mean administrators or executors, they may refer to heirs or next of kin. A 'representative' is one who stands in the place of an owner of real estate as heir, of personalty as next of kin. He is one, also, who takes by representation, and in wills and settlements the terms 'representatives' and 'legal representatives' are frequently held father did not pass to her as the "legal representative" of the son's children, and hence on the death of the mother the nearest of kin to the son on his father's side were entitled to the property as against the nearest of kin on his mother's side. In re Tuttle's Estate, 59 Atl. 44, 45, 77 Conn. 310 (citing Ketchum v. Corse, 31 Atl. 486, 65 Conn. 89). |