A woman inherited her husband’s estate when his will contained a provision for heir after heir, according to which she was the first heir, followed by the deceased’s brother. In her will, the woman bequeathed to her niece, but upon her death it turned out that the brother had died before her, and his wife claimed that she was the sole heir.
The court rejected the objection to the execution of the wife’s will and ruled that the right of the second heir is annulled upon his death. The law allows the testator to establish an arrangement of heir after heir, so that upon the death of the first to inherit, the second will be entitled to what remains of the estate, provided that he was eligible for it at the time of the testator’s death. However, if the second heir dies before the time of his entitlement arrives – the provision of the will in his favor is annulled. Here, the testator’s wife inherited first, while his brother, second in the order of inheritance, died before her, and therefore the provisions of the will in his favor are annulled. Therefore, the wife’s will is valid.
