In Re Estate of Mikkelsen

The question presented is this: When a de-visee dies in the lifetime of a testator, and is then indebted to the testator, may the executor retain the devise to apply on the indebtedness, or are the heirs of the' 'predeceased devisee entitled to payment of the devise in full, without regard to such indebtedness? We use the words “devise,” etc.,*in the statutory sense. Section 11860, Code of 1924. Section 11861, Code of 1924, reads:

“If a devisee die before the testator, his heirs shall inherit the property devised to him, unless from the terms of the will a contrary intent is manifest.”

The will…