The death of the testatrix occurred in January, 1918, and that of the plaintiff’s husband on 12 October, 1918. The appeal is prosecuted to determine the single question whether the words “said husband” and “her husband,” as used in the seventh item of the will, are restricted to the devisee’s deceased husband, or whether her acquisition of the title in fee is dependent upon her surviving any one who may possibly become her husband by a subsequent marriage. In the fifth and sixth items a similar devise is made to two other daughters.
Unless modified the general rule is that a devise applies to the person answering the description at the date of the will. It is illustrated *728by Williams: “A bequest by a husband to bis ‘beloved wife/ not mentioning ber by name, applies exclusively to tbe individual wbo answers tbe description at tbe date of tbe will, and is not to be extended to an after-taken wife.” 2 Williams on Executors (11 ed.), 867. See, also, 1 Jarman on Wills (6 ed.), 396. In Garratt v. Neblock, 39 Eng. Rep., 241, which is cited in support of tbe text, tbe question was whether tbe description was applicable only to tbe wife in esse at tbe date of tbe will and therefore as personal as if ber Christian name bad been inserted or whether tbe words were descriptive of a class. Tbe principle is maintained in later English authorities: “As regards the rule of law, tbe proposition which is admitted in this case is that prima facie where tbe wife of a person is spoken of' by a testator, and that person is married at tbe date of tbe will, in tbe absence of any context, tbe wife existing at tbe date of tbe will is tbe person intended to take.” In re Coley, 2 Chan., 102.
It is true, however, that wills frequently contain provisions which indicate a meaning at variance with tbe general rule, as in Peppin v. Bichford, 30 Eng. Rep., 1160, and In re Drew, 1 Chan., 336. Tbe result is that tbe application of general rules is often subordinated to tbe context and the intent of tbe testator as disclosed by tbe will in its entirety.
It was evidently tbe purpose of tbe testatrix wbo made tbe will under consideration to see that tbe husband should have no legal right to exercise control over tbe devised land, or in any way to interfere with it to the prejudice of tbe objects of ber bounty. Tbe daughter was to bold tbe land during ber natural life with remainder to ber children, but if she survived ber husband she was to take tbe fee. Her husband was living at tbe date of tbe will and at tbe death of tbe testatrix. C. S., 4165. Tbe judgment seems to be supported by tbe authorities: Beers v. Narramore, 22 At. (Conn.), 1061; Van Syckel v. Van Syckel, 26 At. (N. J.), 156; Johnson v. Webber, 33 At. (Conn.), 506; Williams v. Alt, 226 N. Y., 283. See annotation to Meeker v. Draffen, 33 L. R. A. (N. S.), 816.
Affirmed.