Callery's Estate

Opinion by

Mr. Justice Barnes,

This appeal presents a question which appears to he raised for the first time in an appellate court of this state. It may be stated as follows: Where a legatee dies during the lifetime of a testator, and is indebted to him, whether the issue of the deceased legatee take the legacy (which is saved from lapsing by Section 15(a) of the Wills Act) subject to the indebtedness to testator, or free and discharged therefrom.

The facts which give rise to the present controversy are not in dispute. James D. Callery, the testator, died on May 8, 1932. His will dated November…