Burton v. Masten

The Chancellor:

The Hasten heirs claim the right to be paid the one-fifth share of the residue which their mother would have received if she had survived the testator. This is upon the theory that they stand in her place, not because of any statutory provision (Section 3389, Revised Code 1915, applies only to wills of persons dying after March 15, 1909), but because of the language of the will and codicil; or, if not, the share of their mother, being in the residue, was undisposed of and devolves as upon intestacy, in which event they, as heirs of the testator, are entitled to receive…