The testator’s direction that his estate “be equally divided among” his siblings did not evidence an intent to override the anti-lapse statute, 20 Pa.C.S. § 2514(9). However, the Orphans’ Court erred in holding that the distributions to the issues of the deceased siblings was to be “per capita,” because the anti-lapse statute provides that the share of each deceased sibling should be distributed to his or her issue per stirpes. In re: Estate of Timothy P. Lucas, 1137 WDA 2024 (Pa. Super. 7/1/2025) (non-precedential).
[Following remand to the Orphans’ Court and the entry of a decree in compliance with the above opinion of the Superior Court, there was a second appeal, and that appeal was denied under the doctrine of the “law of the case.” In re: Estate of Timothy P. Lucas, 1123 WDA 2025 (Pa. Super. 6/9/2026) (non-precedential).]