In re the Estate of Horton

Harry G. Herman, S.

In this accounting proceeding the question presented relates to provisions for the disposition of a preresiduary trust, the life income beneficiary having predeceased the testatrix. The position of the executor is that this legacy lapsed and passed into the residuary estate. The remainderman contends that there is no lapse and that the remainder is now payable to her.

The pertinent provisions of the will are:

“ third: I give and bequeath out of my estate the sum of two thousand ($2,000.) dollars to jane danielson, a grand-daughter of my sister-in-law, jennie k. landon, in…