Gibney v. Hossack

Summary

The court held that a devise conditioned on the beneficiary surviving the testator demonstrates a contrary intention sufficient to avoid Massachusetts's anti-lapse statute when the will otherwise shows that survivorship was specifically contemplated. Because the will was unambiguous, the court concluded that the devise to the decedent's mother lapsed when she failed to survive the decedent, causing the assets to pass to the residuary beneficiary, and affirmed summary judgment. No separate opinions were filed.