after stating the facts as above: As Arthur E. Smith’s life interest was contingent upon his surviving his mother, it never has, and never can, vest in him, as he failed to survive his mother: He also died before his father, and by reason of that fact the devise to him lapsed. This is conceded by the plaintiff. The contingency upon which the estate in the land was limited to the children can never happen, as it has become impossible by Arthur’s death in the lifetime of his mother, and even of his father. Either one of two results must follow. The estate was thereby vested absolutely in the testator’s children under the will, pr they took it by inheritance from their father, and in either case they can convey a good title. The intermediate devise for life to Arthur, the son, having failed to take effect, either by lapse or by his death, in the lifetime of his mother, or before the happening of the contingency upon which it was limited, that is, his survival of his mother, it is the same as if it had never existed, and was no obstacle to the complete *225vesting of tbe remainder in tbe children in fee. It matters .not, as we bave before said, bow tbe remainder, after tbe death of tbe widow, Mrs. Rachel Smith, vests in them, whether under tbe will of their father or by inheritance from him, for in either view they have the vested estate, subject only to their mother’s life interest. We cannot adopt the plaintiff’s contention that the contingency which would have affected the children’s interest if Arthur had lived, and survived his mother, should be transferred by construction of the terms of the devises to her life estate so that only those children who outlive her will take, as they only could take had Arthur continued to live, and survived his mother. At the time of Arthur’s death all the children were living, and are still living. Arthur’s estate never took effect, as he did not survive his mother, and because of this contingency annexed to it, namely, that he should survive her in order for the life estate to vest in him, it never can take effect or vest in him.
This view has the advantage of executing the intention of the testator as manifestly declared in his will. His object being that his wife should have the first life estate, and if Arthur survived her, he was to have the second life estate, with remainder at his death to the testator’s children who then may be living. A limitation somewhat similar to the one contained in this will will be found in 2 Underhill on "Wills (Ed. of 1900), p. 731, sec. 557, and note 2. The testator evidently intended to provide for a life estate in the land to Arthur, if he outlived his mother, and if he did not, that his children should then have the remainder in fee at the death of their mother, which would be a vested one. There is nothing in the contention that by the terms of the will, and especially by the expression, “I give all my estate both (personal) and real, and wherever situated, to my wife for and during her natural life to (do) with as she pleases and have the income therefrom,” the widow has the right to convey or dispose of any part of the estate, her interest being restricted to an estate during her life. Herring v. Williams, 158 N. C., 1. In the passage quoted above, the testator referred to her life estate and to no greater interest, as being in her, or intended to be vested in her, nor to her right to dispose of any such interest in the land.
As to the interest originally acquired by Arthur E. Smith being contingent in its nature, see Starnes v. Hill, 112 N. C., 1, and Richardson v. Richardson, 152 N. C., 705.
We agree with the court below that a deed properly executed by the defendants, and sufficient, in form and legal effect, to convey the interests of the parties to it will, when properly proved and registered, pass to. the plaintiff a good and indefeasible title to the land in question.
There was no error in the judgment upon the findings of fact.
Affirmed.