In re the Will of Hubner

LEWIS, Judge.

This opinion supersedes our opinion filed 3 March 1992.

The issue in this case is whether heirs who partake of a devise pursuant to the anti-lapse statute are entitled to a share of a lapsed residuary gift.

Dorothy J. Hubner died testate on 3 July 1989. After reciting multiple gifts, item six of the will provided:

In the event my husband predeceases me, after payment of the bequests set forth in Item Five hereof, I direct my Executor to divide my Residuary Estate into two equal shares:

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One of such shares shall be further divided into four equal parts and I give, devise and bequeath…