Simpson v. Piscano

The effect of the majority’s decision today is to hold that, under Maryland’s present antilapse statute, if a legatee died intestate prior to the testatrix, his heirs would take from the testatrix directly as if he died intestate owning the property, but if the legatee died testate, nominating a person to take who is deceased at the time of the testatrix’s demise, his heirs cannot take because the property reverts (as an ineffective disposition) to the estate of the testatrix who then dies intestate and distribution is made to her heirs. This conclusion is incongruous to me and I, therefore,…