Commerce Natl. Bank v. Browning

Paragraph 21 of section 10 of division 4 provides.in part as follows:

“If neither Roy Avery Browning nor his widow, nor any of his children shall survive me, then, and in that event this bequest in trust shall become void, and such interest shall lapse and go to the then living beneficiaries as named under this division number four, in the proportions and in the manner as above set forth.”

However, since Roy Avery Browning survived the testator this provision never became effective.

Since the testator made no other provision for the distribution of the portion of the residue represented by the…