Where there was a legacy to executors in trust for a person for life, afterwards to be divided into four equal parts for four named residuary legatees, the title to the residue vested subject to the trust estate, and the share of a residuary legatee did not lapse on his death before the time of dis tribution ; In re Gardner, 140 N. Y. 122, 35 N. E. 439.
Where separate sums are bequeathed to two named persons who take also the re siduary estate, no intention appearing on the will to make them joint tenants, the separate estate and the share of the residue of the one who died before the testator were held to lapse; Stetson v. Eastman, 84 Me. 366, 24 Atl. 868.
Where property is bequeathed to collateral relatives named, shares of those who died during the lifetime of the testator lapse; Bill v. Payne, 62 Conn. 140, 25 Atl. 354.
The doctrine of lapse applies to an ap pointment by will; L. R. 3 Eq. 658; 47 L. J. Ch. 65; or an appointment under a covenant ; 3 Ch. 182 ; or a gift to a debtor of his debt, —whether the debt be given or forgiven; 1 P. Wms. 83; 3 Ves. 231.
If there is a gift to a charitable society by name and it has existed, but at the time of the testator's death has ceased to do so, the legacy fails; 29 Ch. Div. 560; [1895] 1
Ch. 19. If the charity existed at the death of the testator and expired before adminis tration of the estate, the cy pres doctrine is applied; [1891] 2 Ch. 236. A gift for a clear ly defined and particular charitable use will fail if the subject becomes impossible ; 1 Myl, & C. 123; 56 L. T. 147; and see as to the limits of the doctrine, L. R. 6 P. C. 96; 35 Ch. 460; 58 L. T. 538. See, generally, as to failure of charitable bequests, Theobald, Wills 304. See CHARITABLE USE.
A residuary bequest operates upon all the personal estate which the testator is possess ed of at the time of his death, and will in clude such as would have gone to pay specific legacies which lapse or are void; 4 Ves. Jr. 708, 732; see James v. James, 4 Paige (N. Y.) 115 ; Gore v. Stevens, 1 Dana (Ky.) 206, 25 Am. Dec. 141; Reed's Estate, 82 Pa. 428 ; 1 Jarm. Wills, 6th Am. ed. *716.
See LAPSED DEVISE ; LEGACY ; WILL.