In Re the Estate of Snapp

OPINION

in which D. MICHAEL SWINEY, J. and SHARON G. LEE, JR., joined.

In this action to construe provisions in Decedent’s Will, the Trial Court applied the anti-lapse statute. On appeal, we reverse.

The Will of the Testatrix, Cleo M. Snapp, was probated on February 9, 2005, and on March 29, 2005, the Executor filed a “Declaratory Action to Interpret Will.” The dispute involves the construction of these provisions of the Will:

ITEM VII. I give, devise and bequeath to my three sisters, VIOLA SWINGLE, ANNE E. FOWLER and LENA MAE HARTSELL, my 1/4 interest in and to the Juanita Farm located in the…