Anti-Lapse Statute Applied to Estate to “Be Equally Divided Among” Siblings

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 Super. 7/1/2025) (non-precedential).

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