McGowan v. Bogle

OPINION

THOMPSON, Judge:

This is a will construction dispute in which the sole question is whether the anti-lapse statutes require that the children of the predeceased beneficiaries inherit under the will. The Pulaski Circuit Court found that that the anti-lapse statutes were not applicable because the will unambiguously expressed the intention that the beneficiaries survive the testator in order to inherit under the will. We agree and affirm.

The facts are undisputed and brief. On August 9, 2006, testator, Mildred Bogle Hudson, executed a will. Item II of the will states:

I direct that my…