Bickert Estate

Opinion by

Mr. Justice Pomeroy,

The question presented by this appeal is whether in the absence of a gift over in a will, the prior death of the sole legatee, testatrix’ sister, caused the devise to *470her to lapse and thus pass by intestacy to the two children of the testatrix, or whether testatrix’ niece, the daughter of the named residuary legatee, takes through her mother.

On December 26, 1970, the decedent, Marie J. Bickert, and her sister, Frances Sweeney, both in their seventies, were found dead in the house they shared in Lower Frederick Township, Montgomery County. Which sister died first…