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IN RE SLACK TRUST

No. 1245.

220 A.2d 472 (1966)

In re John T. SLACK TRUST.

Supreme Court of Vermont. Windsor.

June 7, 1966.

Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, Melville Chapin, Boston, Mass., for trustee.

John Parker, Springfield, for estate of one of residuary remaindermen.

R. Lawlor Cooper, Thomas M. Quigley, Springfield, for sons of a deceased residuary remainderman.

Black & Plante, White River Junction, for residuary remainderman and legal representatives of deceased residuary remaindermen as a class under will of testator.

Palmer D. Ainsworth, Springfield, and Christopher A. Webber, Rutland, for estate of testator's widow.

Louis G. Whitcomb, Springfield, for legal heirs of testator.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

BARNEY, Justice.

A residuary legatee predeceased the testator, John T. Slack, without issue. On distribution of the estate the share of the deceased residuary legatee, Ruth Merritt Waite, was decreed to the remaining residuary legates, or their representatives or estates, as part of the residue of the estate. The widow and certain heirs challenged this distribution, asserting that a lapsed residual legacy should pass as intestate property.

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