QUA, C.J.
This petition for instruction, brought by the surviving executor of the will of Josephine D. Godfrey, late of Swampscott, raises the question whether a devise or legacy given by the testatrix in her will to her nephew Frank H. Helmer, of Merced, California, wholly lapsed when the nephew died before the testatrix, or whether it became payable to the respondents Raymond Ronald Helmer and Frank H. Helmer, Junior, as surviving issue of the deceased devisee or...
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