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INGALSBE v. GOUCH

Gen. No. 10,961.

109 Ill. App.2d 232 (1969)

248 N.E.2d 522

Clair Ingalsbe, Executor of the Estate of Floyd W. Ward, a/k/a Floyd W. Allen, Deceased, Plaintiff-Appellee, v. Lillie A. Gouch, et al., Defendants, Lillie A. Gouch, Lloyd A. Allen, Lorraine B. Basham, Georgie Searight, Georgie Searight as Guardian of Lowell Searight, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

June 10, 1969.

Attorney(s) appearing for the Case

John T. Allen, of Danville, for appellants.

Harold A. Craig, of Danville, for appellee.

SMITH, J.

When a will is silent who gets the legacy when the legatee is not around to take? The antilapse statute says that if he is a descendant, his descendants take, and if a member of a class, the survivors take. Ill Rev Stats 1967, c 3, § 49. But what if the predeceased legatee is neither? In the matter before us, the single dispositive paragraph divides the estate into nine equal parts to be paid to nine nondescendants and nonclass legatees, and nothing...

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