In Re Falconer Estate

The primary question in this case is whether gifts to be paid from the residue of an estate to nephews of the testatrix’ husband, at the latter’s decease, lapse because the nephews predeceased the husband, although they survived the testatrix. Although the briefs of counsel speak in terms of the nephews’ interest as being vested on the one hand or contingent on the other hand, they all recognize that the pivotal question is whether the will contains a requirement of survival of the husband. “Judicial opinions in this field are full of discussion as to whether the interest in litigation is…