Tuttle died at age 96, leaving a will that she made at age 40 that provided that her three children would share her estate equally. At the time of her death, only one child, Anna, was living. Tuttle's two deceased children, Bill and Caroline, each had
two children who were living at the time of Tuttle's death. Anna is claiming that she is entitled to the entire estate because the bequests to Bill and Caroline lapsed upon their deaths prior to Tuttle's death. How will the estate be settled?
?The bequests to Bill and Caroline will not lapse. There are antilapse statutes that commonly provide that gifts to deceased beneficiaries, instead of lapsing, will be given to the children of such beneficiaries. Thus, the beneficiaries under Tuttle's will are Anna, Bill's two children, and Caroline's two children. Because the five beneficiaries are of different generations, distribution will be per stirpes. Anna will be entitled to one-third of the estate, Bill's two children will split one-third, and Caroline's two children will split the remaining one-third.
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