Estate of Kehler
Pennsylvania Supreme Court
411 A.2d 748 (1980)
Relevant factsFree
Emerson's will left his residuary estate to his four siblings in equal shares along with their survivors, and though Emerson explicitly addressed possible lapses elsewhere in his will, he didn't do so specifically in the residuary clause; when sibling Ralph predeceased Emerson, Ralph's daughter Chupp (plaintiff) claimed Ralph's share under the state's antilapse statute, but the orphans' court found Emerson intended only his siblings themselves to take, excluding Chupp.
IssueFree
Whether a testator may overcome an antilapse statute if the testator's intent to do so in the will is reasonably certain.