Dawson v. Yucus

Stewart's will devised farmland in fixed one-half shares to nephews Wilson and Burtle, expressing a wish that the land return to her late husband's family, even though three other equally related relatives existed who were not included; Burtle predeceased Stewart, who never revised her will, and after her death Wilson (having conveyed his interest to Burtle's children, the plaintiffs) argued the gift was a class gift under which he, as the surviving class member, should receive Burtle's share too, while the will's residuary beneficiaries (defendants) argued the lapsed share should fall into the residuary estate instead.