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Keywords

willcommon law

jurisdictionstatuteappealwillcommon law

Related Cases

Drafts v. Drafts, 114 So.2d 473

Facts

The testatrix had seven siblings, three of whom died leaving descendants before the will was executed, and two died after the will was executed but before her death. The will stated that the residue of her property was to be divided among her living brothers and sisters. The court was tasked with determining whether the descendants of the deceased siblings could inherit under the will's residuary clause.

The testatrix had seven brothers and sisters, three of whom died leaving lineal descendants prior to the execution of the will, and two of whom died leaving lineal descendants after the will was executed but prior to testatrix's death.

Issue

Whether the lineal descendants of the testatrix's brothers and sisters who died before the execution of the will are entitled to take under the residuary clause, and whether the descendants of those who died after the execution but before the testatrix's death are entitled to share in the estate.

The question presented for the chancellor's decision was two-fold.

Rule

Under common law, a testamentary gift is void if made to someone who was deceased at the time the will was executed. Additionally, a testamentary gift lapses if made to someone who dies after the execution of the will but before the testator's death, unless a contrary intention is expressed in the will.

Under the common law a testamentary gift is void if made to one who was deceased at the time the will was executed.

Analysis

The court applied the common law principles regarding testamentary gifts to the facts of the case, concluding that the lineal descendants of the testatrix's siblings who were deceased at the time of the will's execution were not entitled to inherit. However, it found that the descendants of those who died after the execution of the will were entitled to share in the estate, as they were considered members of the class described in the residuary clause.

In view of the difference which has arisen in the several jurisdictions of this country as to whether a non-lapse statute such as the one now under consideration should be applied to class gifts as well as to gifts made to named beneficiaries.

Conclusion

The court affirmed the lower court's ruling in part, holding that the descendants of siblings who died before the will's execution were not entitled to inherit, but reversed the ruling regarding those who died after the execution, allowing their descendants to share in the estate.

For the foregoing reasons we hold that the chancellor was correct in decreeing that the lineal descendants of the testatrix's brothers and sisters who were deceased at the time of the execution of her will were not members of the class described in the residuary clause of the will and were therefore not entitled to share in that estate.

Who won?

The prevailing party was the lineal descendants of the testatrix's siblings who died after the execution of the will, as the court ruled they were entitled to share in the estate.

The decree appealed from is therefore affirmed in part and reversed in part, and the cause is remanded for further proceedings consistent with the views herein.

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