In re the Estate of Parker

S. Samuel Di Falco, S.

The sole question in this proceeding for the settlement of the final account of the executor is whether a legacy to a deceased sister of the testator is payable to her children or has lapsed.

At the time of the execution of his will, the testator had three sisters and one brother who were then his presumptive distributees, together with the issue of another brother who was then deceased. His will directed the division of his estate in four equal parts, and it bequeathed one part to each sister and one to his then living brother. There was no mention in the will of issue…