Estate of Bradley

This is an appeal from a judgment or decree of final distribution in the matter of the estate of Thomas Bradley, deceased.

The controversy arises from the admitted fact that as to one-third of the estate of the deceased the direct provisions of the will with reference thereto became inoperative, and as a consequence therefrom, that as to such portion of the estate the devise thereof was lapsed.

On the part of appellants, it is urged that such . lapsed devise became a part of the residuum of the estate, and that the order of the trial court should have contained a direction for distribution of such lapsed devise to the • residuary legatee of the will of the deceased. On the other hand, it is the contention of respondents that the will con- • tains no provision for the distribution of the residuum of the estate, and consequently that as to the property covered 'by the lapsed devise the legal heirs of the testator, as distinguished from the legatees and devisees expressly provided for by the will, were entitled to have distribution made to them as specified in the decree from which the appeal herein is taken. In such circumstances it becomes necessary to consider those portions…