Stiegler v. Hibbert

The Chancellor.

Mrs. Alsentzer was dead when the testator named her in his will as one of his residuary legatees. He knew she was dead. The legacy to her was a void one, notwithstanding he knew she was dead. Dildine v. Dildine, 32 N. J. Eq. 78. In the absence of statutory provisions to the contrary, no one could take it as substitute for the named legatee. At common law, therefore, the complainants could have no possible right to receive the residuary share which, had their mother-been living, she would have taken.

The complainants claim, however, that a statute of this state comes to their aid…