Ingalsbe v. Gouch

When a will is silent who gets the legacy when the legatee is not around to take? The antilapse statute says that if he is a descendant, his descendants take, and if a member of a class, the survivors take. Ill Rev Stats 1967, c 3, § 49. But what if the predeceased legatee is neither? In the matter before us, the single dispositive paragraph divides the estate into nine equal parts to be paid to nine nondescendants and nonclass legatees, and nothing is said anywhere in the will as to where the shares shall go in the event the death of any of them predeceases the testator. This contingency has…