Estate of Pfuelb

Deceased made a will by which she bequeathed $4,000 to her step-son. The step-son died before the testatrix, leaving a daughter, who now applies for distribution to herself of the $4,000.

The legacy lapsed, as the devisee died before decedent, and the applicant is not within Sec. 20 of the act concerning wills. The applicant is not a relation. That act refers only to a devise of real estate.

[Bouvier and Burrill, titles “Devise” and “Relation.”]

Conceding that at common law the legacy would lapse, and that in a narrow sense " relation” means blood relation, Sec. 20 does not restrict us to this construction. ( 36 Cal., 329 , as to devise.) The statute uses these words, legacy and devise, as convertible terms. The Hew York statute says, ‘/may devise real and personal property.” 1 Bradf., 116 . The popular meaning of the word "relation” should be taken. Webst. Dic. adopted, 2 Sand. Ch., 506 . Meaning of this statute: 3 Bradf., 317 ; 7 Mass., 86 ; 18 Pick., 43 ; 1 Vesey, sen., 84. The statute should be construed liberally. Sedg. on Stat., p. 317, 379, 285; 15 Mass., 206 ; 7 Mass., 524 ; 12 Mass., 384 .

Testatrix published her will June 19, 1869, bequeathing a sum of money to…