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BICKERT ESTATE

447 Pa. 469 (1972)

Bickert Estate.

Supreme Court of Pennsylvania.

May 25, 1972.

Attorney(s) appearing for the Case

Marvin L. Wilenzik, with him Gerber, Davenport & Wilenzik, for appellant.

John P. Yatsko, with him Fitzgerald & Yatsko, for appellees.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE POMEROY, May 25, 1972:

The question presented by this appeal is whether in the absence of a gift over in a will, the prior death of the sole legatee, testatrix' sister, caused the devise to her to lapse and thus pass by intestacy to the two children of the testatrix, or whether testatrix' niece, the daughter of the named residuary legatee, takes through her mother.

On December 26, 1970, the decedent...

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