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Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii

Michigan Law Review

Testator in his will bequeathed one half of his estate "share and share alike" to his three brothers, naming them, "being to each a one-third part thereof, to them and their heirs forever." Two of the brothers were to testator's knowledge dead at the time he made his will, and the third brother predeceased the testator. In proceedings brought for a construction of the will, held, that the residuary legacies to the brothers did not lapse, but the legacies vested in the respective heirs of deceased brothers. In re Britt's Estate, (Wis. 1946) 23 N.W. (2d) 498.