Kirchner v. Buschling

DOWD, Judge.

This is a will construction case. The children of a residuary beneficiary who predeceased the testator appeal the trial court’s judgment that the words “per capita and not per stirpes” were sufficient to override the Anti-Lapse Statute, § 474.460, RSMo 1986, thereby excluding them from sharing in the residue of the estate. We reverse and remand.

Alois Renner (Testator) died March 6, 1993, leaving a will dated January 31, 1984. It is the construction of the will’s residuary clause which is at issue on appeal. Article 4(b) of Testator’s will states the following:

All the rest and…