In re Estate of Dittrich

The opinion of the court was delivered by

Pressler, J. A. D.

The novel question raised by this will construction ease is whether the anti-lapse statute, N. J. S. A. 3A:3-13, applies where the deceased devisee is a substituted or contingent beneficiary who has failed to survive the primary beneficiary. The trial judge held that in the circumstances before it the statute applied and we concur.

Testator Joseph George Dittrich executed his last will in 1953 leaving his entire residuary estate to his sister Ann and providing further that if she failed to survive him, it would go to his brother John.…