Hegner v. Staudenmaier

Three issues are presented on this appeal:(1) Does the one-fourth share of the residuary estate which has lapsed due to the death of the legatee before the death of the testatrix pass as intestate property;(2) Does the will contain a latent ambiguity which would allow the admission of extrinsic evidence to explain the intention of the testatrix; and(3) Where “one fourth” of the residuary estate is bequeathed to each of three specifically named legatees, does the lapsed share of a deceased legatee pass to the beneficiary whose share is described as “the balance?”

Lapsed estate as intestate…