Lodge v. Grubb

The Chancellor.

The questions presented by the amended bill concern the disposition to be made of lapsed legacies. Some of the legacies given to particular individuals have lapsed by reason of the death of the legatees in the lifetime of the testatrix, and two of the legacies given by the general residuary clause have lapsed for the same reason.

Before the enactment of Section 3389, Revised Code 1915, the common law rule as to devises which have failed, prevailed in this State. That rule was that a lapsed devise goes to the heirs at law, a void one to the residuary devisee if there is one.…