Wills – Lapse of a Residuary Gift

Testatrix left a will containing the following bequest: “. . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the … residue … of my Estate … both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike …. ” G died before the testatrix, and her share lapsed. The trial court held that G‘s share passed as intestate property of the testatrix. On appeal, held, reversed. The lapsed share of a residuary legatee inures to the benefit of the surviving residuary legatee unless a contrary intention is clearly expressed. Schroeder v. Benz, (Ill. 1956) 138 N.E. (2d) 496.