Piccione v. Arp

Summary

The court held that the will's use of the capitalized term "PER CAPITA" required Virginia's four named children to take individually and survive her, rather than allowing a deceased child's descendants to take by representation. Because that language constituted a limitation on the gift, the anti-lapse statute did not preserve Donna's bequest for her children. The superior court therefore properly denied the Picciones' summary-judgment motion.