In Re Estate of Ulrikson

Syllabus by the Court

Where the residuary estate is devised to a brother and sister, "and in the event that either one of them shall predecease me, then to the other surviving brother or sister," but in fact both brother and sister predecease the testatrix, the brother leaving issue, the anti-lapse statute, Minn.Stat. § 524.2-605 (1978), applies in the absence of clear intention to the contrary.

In this contest over the construction of a residuary clause of a will, the Hennepin County Probate Court held the anti-lapse statute, Minn.Stat. § 524.2-605 (1978), to be applicable. A three-judge panel…