Desh's Estate

Opinion by

Mr. Chief Justice Kephaet,

Testatrix, Kate Desh, after giving certain specific legacies, left the residue of her estate to be divided share and share alike between her two brothers, Harvey and George Desh. The latter, whose death occurred prior to the execution of the will, was survived by two children. The auditing judge awarded one-half of the residue to Harvey Desh and the other half to the children of George Desh. Harvey Desh appeals on the ground that the court erred in not awarding the entire residue to him.

The question presented is whether the residuary legacy which failed by…