In re the Construction of the Will of Wiggert

Edgar F. Hazleton, S.

The construction question submitted herein is answered as follows: The testator died in a common disaster with his wife, Anna Wiggert, and his will has been admitted to probate by this court. The specific devise of real property of the decedent to his wife was conditioned on her surviving him so that under the facts here presented, the legacy must be deemed to have lapsed and fallen into the residuary estate. Since there is no evidence that the decedent’s widow survived him, subdivision 1 of section 89 of the Decedent Estate Law is applicable and accordingly the realty…