In re Estate of De Bernede

Application by Edward J. Le Breton, as executor, for distribution to ten nephews and nieces and two grandnephews and two grandnieces, all the “lineal descendants” of three predeceased sisters, in accordance with the provisions of the will or of the statute of distribution as the court' may determine to be the law in the premises.

The decedent left a will bequeathing all his estate to his three sisters, naming them, “in equal parts.”

The executor’s petition alleged, and the proofs on the hearing established, that at the date of the will all of testator’s *487 three sisters were deceased, and had been dead from four to six years respectively, before the execution of the will.

The question, therefore, is whether “the testamentary disposition” to the three sisters fails or lapsed (Civ. Code, 1343), or whether the provisions of section 1310 of the Civil Code applies.

The section reads as follows:

(a) The section is a continuation of the statute of 1850, page 179, section 20: See Estate of Pfuelb, 48 Cal. 643, 644 .

(b) This provision of our law is intended as an exception, in favor of “relations,” to the well-known testamentary doctrine of lapse which is still preserved: Civ.…