In Re the Estate of Burke

The opinion of the court was delivered by

Hall, J.

The question on this appeal is whether the remainder interest in one of three residuary trusts created by the will of Elizabeth West Burke pours over into the other two trusts or is to be disposed of as intestate property of the testatrix. It arises on the death of the life beneficiary by reason of the prior demise of all designated remaindermen in that trust. The will makes no provision whatever for devolution in this contingency. There is therefore a case of complete gap, compare In re Estate of Morton, 48 N. J. 42 (1966), bringing into play…