In re the Will of Burnside

Curtis, S.

By the residuary clause in the decedent’s will, the residue of the estate, after numerous specific legacies were given to her relatives and friends, was divided into thirteen shares, these shares to be distributed among various persons, some to have one-half share, others to have one share, and still others to have two shares. One share was given to Eva Teed Sherwood who died August 24, 1943, prior to the death of the decedent. This legatee was a cousin of the decedent, and hence her legacy is not saved from lapsing by virtue of section 29 of the Decedent Estate Law. The question…