Slaughter's Administrator v. Wyman

Opinion of the Court by

Chief .Justice McCandless

Reversing.

‘ Emma .J. Slaughter died April 1, 1926. At the May term of court following there were two papers probated .as her will; the.first being a will, dated August 29, 1906, and the second a codicil, dated August 29,1917. The por tions of these instruments pertaining to this controversy are clauses 11,12, and 14 of the will, reading:

‘ ‘ 11th. In the event that any of the bequests of devises to any of the above herein before mentioned should lapse or fail, then & in that event, such lapsed or failing bequest shall go to and belong to W. H.…