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[+] A Warning Regarding Libel... - Robert Franco/OH (7 replies)
10/10/2007 2:43:46 PM (2861 views)

[+] INFINITY ??? - KS/IN (2 replies)
10/9/2007 7:51:27 PM (9331 views)

[-] Lapsed Legacies... - Wendi See/SC (3 replies)
10/9/2007 4:13:50 PM (3791 views)
Re: Lapsed Legacies... - Scott Perry/PA
10/9/2007 4:32:15 PM (4958 views)
Re: Lapsed Legacies... - Kevin Ahern/CT
10/9/2007 6:04:14 PM (3188 views)
Re: Lapsed Legacies... - Robert Franco/OH
10/10/2007 10:23:03 AM (2946 views)

A legacy is personal property left by will.  A devise is real property left by will.  A lapse occurs when the legatee or devisee dies before the testator.  Most states have anti-lapse statutes which will save a gift from lapse by substituting another beneficiary.  E.g. Unless a contrary intention is manifested in the will, if a devise or bequest is made to a relative and that relative was dead at the time the will was made, or dies after the will was made, leaving issue surviving, the issue take by representation the estate devised or bequeathed to the deceased devisee or legatee.  It appears that in the will you have quoted, the testator has manifested intent to have any lapsed legacies or devises to be included in the residue of his estate.

For title purposes, we are only concerned with devises and the language that includes the lapsed devises would only be pertinent if one of the designated devisees had predeceased the testator.  In which case, the interest of the predeceased devisee would pass through the residue of the estate.

Best,
Robert A. Franco
SOURCE OF TITLE

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[+] Home Connects - info anyone? - Jill Kissell/IA (7 replies)
10/9/2007 3:50:02 PM (2805 views)

[+] Foreclosure: The 100 Worst Counties - David Bloys/TX (4 replies)
10/9/2007 8:38:14 AM (3831 views)




[+] Patriot Title Inc - Ohio - GERALD CAIN/IL (4 replies)
10/8/2007 3:32:50 PM (2608 views)

[+] Express Financial Services - PATRICIA PALMER-ILKO/PA (16 replies)
10/6/2007 12:50:21 PM (2724 views)

[+] The Title Report - Old Republic joins list asking examiners to reduce fees - Jay Duncan/MO (6 replies)
10/5/2007 4:46:40 PM (3702 views)

[+] request for e&o - mason haas/NY (18 replies)
10/5/2007 2:47:06 PM (2596 views)

[+] American Freedom Assurance, Inc. - Cheryl O'Brien/VA (5 replies)
10/3/2007 7:02:27 PM (2815 views)

[+] More Acceptance of Mediocraty - Anita Backlund/MN (1 reply)
10/3/2007 4:35:50 PM (3487 views)

[+] "PAST DUE!" Stamp - Robert Franco/OH (21 replies)
10/3/2007 10:48:42 AM (2786 views)

Follow Up to....Life is Cheap - Kevin Ahern/CT
10/3/2007 7:17:17 AM (2005 views)

[+] ESS a/k/a Equity settlement - mason haas/NY (6 replies)
10/2/2007 10:36:25 AM (2698 views)

[+] Makes you smile - Jay Duncan/MO (4 replies)
10/2/2007 9:05:19 AM (2529 views)


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