Fowler v. Whelan

The question presented is whether, Honoria having predeceased the testatrix, Belle as the survivor takes all given by the eighth, tenth, and twenty-ninth clauses of the will; or whether, because of Honoria’s death one-half of the gifts given by these clauses lapses, and being undisposed of by the will passes under the statute of distributions to the testatrix’s next of kin.

It appears to be mutually conceded that the general rule that a legacy will lapse or be extinguished by the death of a legatee during the lifetime of the testator usually applies where a gross sum is given to several…