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Estate of Kehler

Pennsylvania Supreme Court
411 A.2d 748 (1980)


Facts

Emerson Kehler’s will left his residual estate to each of his four siblings in equal shares, as well as to their survivors. In other portions of the will, Emerson explicitly accounted for possible gift lapses. One of the four siblings, Ralph Kehler, predeceased Emerson. Ralph’s daughter, Ethel Chupp, survived both her father and Emerson. Chupp claimed Ralph’s portion of the residuary restate based on Pennsylvania’s antilapse statute. The Orphans’ Court Division of the Court of Common Pleas of Northumberland County disagreed with Chupp, finding that Emerson intended that only his siblings would receive the residuary estate. Chupp appealed.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

Dissent (Larsen, J.)

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