John D. Van Beuren and Wife v. . John B. Dash and Others.

Summary

The New York Court of Appeals affirmed the lower court, holding that the devises to devisees who died before the testatrix lapsed and passed to the testatrix's heirs-at-law, and that the lapse of three-fifths of the estate did not void the entire will. Justice BARKETT, in a concurring opinion, reiterated the statutory construction analysis.