Robinson v. Werner

The issue confronting the court in this case is the effect of the lapse of a residuary clause in a will.

Appellant argues that when each residuary beneficiary died, there occurred a lapse of his share of the residue, resulting in an intestacy. However, when Emma Petti-bone died survived by two children, the anti-lapse statute 1 prevented a lapse of her share. In effect, appellant argues that she is entitled to one half of the one-fourth residuary share of Emma Pettibone, under the anti-lapse statute, plus the three other one-fourth shares of the other residuary beneficiaries who predeceased…