Estate of Wallace

Andrew McAllen, the surviving husband of Effie W. McAllen, deceased, appeals from a decree of final distribution in the Matter of the Estate of Ellen M. Wallace, Deceased, whereby the latter’s estate was distributed to the devisees and legatees of Martha A. Allison, deceased.

Ellen M. Wallace was the mother of Effie W. McAllen. The two perished in the same calamity. Martha A. Allison, now deceased, was the mother of Ellen M, Wallace. She died subsequently to the tragedy in which her daughter and granddaughter were killed. Ellen M. Wallace left a last will whereby she bequeathed and devised all of her property to her daughter Effie, who was -her only child. If the latter survived her mother, even for an instant, she would take under her mother’s will, and in that case the appellant here, as the surviving husband and only heir at law of Effie W. McAllen, would be entitled to have distributed to him the estate which was left by Mrs. Wallace and which would have gone to Effie McAllen had the latter lived to receive it. If, however, Effie was survived by her mother, though but for an infinitesimal interval of time, then the bequests and devises which Mrs. Wallace made to Effie lapsed,…