62 N.C. 1 | N.C. | 1866
The clause in question was: "All the balance of my estate of every kind I give to John Webb, Elizabeth Webb, Edward Webb and Robert Webb, four children of L. S. and P. E. Webb."
Of the residuary legatees John died before the testatrix, unmarried.
The other residuary legatees, and the next of kin of the testatrix became parties to the cause, and at the said term it was, by consent, set for hearing upon bills and answers, and transmitted (2) to this court.
If a residuary fund be given by will "to the children of a certain person, to be equally divided between them," as a class, *14
and one of them die in the lifetime of the testator, his share will lapse for the benefit of the other residuary legatees. Viner v. Francis, 2 Cox, 190. But if such a fund be given to the children, nominatim, or to the six or any other number of children, to be equally divided between them, and one of the children die before the testator, his or her share will lapse, but will not fall into the residue for the benefit of the other children, whose shares, it is said, can not be enlarged by such an event. Johnson v. Johnson,
PER CURIAM. Decree Accordingly.
Cited: Hastings v. Earp, post 7; Twitty v. Martin,