Mary R. Wright, as Trustees Under the Will of James H. Wright, Deceased, Respondents v. Mary R. Wright Et…

Summary

The Court affirmed the lower court's judgment that the $100,000 bequest to the Washington Heights Library never vested because the library ceased to exist before the life tenant's death. Consequently the legacy lapsed and did not pass to the New York Public Library or to the hospital named in the residuary clause, but instead fell to the testator's heirs as intestate property. The Court also reiterated the rule that a lapsed legacy which is part of a residuary does not become part of the residuum.