The remainders devised and bequeathed by clause Eighth of the will were not contingent during the life of testator’s daughter but vested immediately upon his death and consequently appellant is not entitled to share in this fund. (Matter of Chalmers, 238 App. Div. 672; affd., 264 N. Y. 239.)
*993Decree affirmed, with costs to all parties filing briefs payable out of the estate.
Crapser, Hefllernan and Sehenek, JJ., concur; Bliss, J., dissents, in an opinion, in which Hill, P. J., concurs.