Wootten's Appeal

Supreme Court of Pennsylvania
Wootten's Appeal, 239 Pa. 385 (Pa. 1913)
86 A. 877; 1913 Pa. LEXIS 575
Brown, Elkin, Mestrezat, Potter, Stewart

Wootten's Appeal

Opinion of the Court

Per Curiam,

The bequest of the testatrix to Lucy O. Jewett was not to her as a member of a class — children of Mrs. Lucy A. Jewett. It was to her by name, to pass to her if she survived the testatrix, and to lapse if she did not. The learned court below, in construing the will of the testatrix, held that, if she had survived, she would have taken one-fourth of the residuary estate. This is not questioned by counsel for appellant or appellee, but, as she died in the lifetime of the testatrix, the latter’s provision for her lapsed and escheated to the Commonwealth, for there were no known heirs or next of kin of Anna Sophia Eells to take it.

Decree affirmed at appellant’s costs.

Reference

Cited By
3 cases
Status
Published
Syllabus
Wills — Construction—Residuary estate — Legacy by name — Prior death of legatee — Lapse—Failure of heirs — Intestacy—Escheat. A testatrix, who died without heirs or next of kin, by will left part of the residuum of her estate to one of two sisters, by name, and not as a member of a class of children. The legatees died in the lifetime of testatrix. Held, that the bequest lapsed and es-cheated to the Commonwealth.