McElligott v. Murray

The issues are as follows:

1. In absence of specific language in the residuary clause or any ambiguity in the will read as a whole, and where the residuary legatee dies before the testatrix, may the court receive extrinsic evidence, based upon the circumstances of the case, to determine the probable intent of the testatrix so as to avoid intestacy?

2. Is the anti-lapse statute, sec. 853.27, which presumes a testamentary intent of substitution and legacies to persons who are, but not to persons who are not, related to the testatrix, unconstitutional ?

*4463. Should the trial court have granted…