Schapiro v. Solomon

We set forth hereinafter why we have concluded that the probate court correctly applied section 92 of the Probate Code (the antilapse statute) to the legacy involved in this case. The will provided for a $1,500 legacy to the daughter of the testatrix. Since the daughter predeceased the testatrix, the court properly ruled that the legacy went to the daughter’s lineal descendant, the granddaughter of the testatrix, even though, as to certain other property, the will specifically provided that the same granddaughter would be substituted for her mother in case of her death.

The disputed section of…