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Lapsed residuary gift distributed to surviving residuary beneficiary rather than on intestacy based on testator's intention.
The Estate Trustee applied for advice and direction regarding the distribution of a lapsed residuary gift in the testator's will.
The will did not provide a gift-over for a share left to the testator's sister, who predeceased her.
The court applied the 'armchair rule' to determine the testator's intention, finding that she intended to benefit her named residuary beneficiaries rather than distant relatives on an intestacy.
The court ordered the lapsed share to be paid to the surviving residuary beneficiary.
