Paper

Appellant Marjorie Virginia Borehardt appeals from the order settling first and final account and decree of distribution.

Questions Presented.

1. Did testator intend that the property in his estate pass to the charities named in his will in the event the primary beneficiary predeceased him? Yes.

2. Did the execution subsequent to the death of the primary beneficiary republish the will so as to attempt an invalid bequest to a deceased person ? No.

Record.

On March 5, 1958, testator Richard L. Ryder executed his “Last Will and Testament.” The relevant provisions thereof are:

Emily Murphy died February 12, 1961. On March 8, 1961, testator executed the first codicil to the will. It added a bequest to one Gertrude Edwards to take effect if his disposition to the named charities should prove invalid. He expressly ratified and confirmed in all respects the prior will.

On June 16, 1961, he executed a second codicil to the will. This revoked the bequest to Gertrude Edwards and added four substitutional legatees who were to-take if “by reason of *823 any provision of law limiting restricting or invalidating gifts to charities all or any portion of the gifts to the charities” named…