What is the meaning of the word “surviving”?

The reasoning in Re Stannard; Stannard v. Burt (1883), 52 L.J. Ch. 355, is in my view sufficient, standing quite alone, to answer Q. (a). There was in that case a bequest of personalty, in remainder after life interests, upon trust for sale and division among “the surviving sisters or sister of my wife or their heirs”. It was held that “surviving” meant surviving the testator. At p. 356 Kay J. said: “Now the first question is, what is the meaning of the word ‘surviving’? It cannot mean surviving the tenants-for-life, because if it did, the words ‘or their heirs’, which are substitutionary words, would be improperly used, and in fact nonsensical . . . I prefer to give them their natural meaning, because if I do, the word ‘surviving’ may still have a very natural meaning. It may mean surviving the testator, and I so hold. I think the sisters who survived the testator were first of all to take, and that, if any of them should be dead at that date, their heirs were substituted for them.”

The reasoning is inescapable and it applies here with but slight changes in circumstances and wording. It precludes the application of Cripps v. Wolcott, supra, in present circumstances.