WILLS - LAPSE - CONSTRUCTION - EXECUTION OF CODICIL AFTER DEATH OF LEGATEE AS INDICATING INTENT TO AVOID LAPSE

Authors

Bertram H. Lebeis, University of Michigan Law SchoolFollow

Abstract

Testator provided in his will for the division of his real and personal estate into twenty-five equal parts, one part for each of his nieces and nephews. One of the nephews predeceased testator by seven months, leaving a minor son. Thereafter testator executed a codicil expressing his desire that a nephew by marriage be a distributee of his estate, and directing that his personal and real estate be divided into twenty-six equal parts in order to include the new distributee. In proceedings brought for construction of the will, held, that the legacy to the nephew who predeceased testator did not lapse, but that it vested in deceased nephew's minor son. Ex Parte Newton, 183 S. C. 379, 191 S. E. 59 (1937).

Recommended Citation

Bertram H. Lebeis, WILLS - LAPSE - CONSTRUCTION - EXECUTION OF CODICIL AFTER DEATH OF LEGATEE AS INDICATING INTENT TO AVOID LAPSE, 36 Mich. L. Rev. 520 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/29