Estate Of Kehler

411 A.2d 748 (1980)

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Nature of the Case

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Facts

Emerson Kehler, died in April 1975. His will disposed of the residue of his estate to his brother and sisters and the survivor or survivors of them, equally, share and share alike. His brother Ralph Kehler predeceased Emerson, but Ralph Kehler's daughter, D, survived the testator. At issue on this appeal is whether D may take the share of the residue her father Ralph Kehler would have received had he survived the testator. D took the position that Emerson's intent concerning the disposition of the bequest to a predeceased sibling is ambiguous. She maintains, therefore, that the relevant 'anti-lapse' statute, 20 Pa.C.S. § 2514(9), applies. The Orphans' Court disagreed. It concluded that the language of the will, particularly 'and to the survivor or survivors of them,' manifests the testator's 'contrary intent' within the meaning of section 2514 to limit takers to those named siblings who are living at the testator's death, thus precluding operation of subsection (9). D appealed.