Survivorship provision prevents the application of the anti-lapse statute

The testatrix made a specific devise of real property and gave her residuary estate to her three sisters, provided that “if any sister should predecease me, the surviving sister(s) shall take the deceased sister’s share.” All three sisters predeceased the testator. In an action to construe the will, the court held that the survivorship requirement referred to surviving the testatrix and that it prevented application of the anti-lapse statute. The specific devise and the residue therefore passed through intestacy. In re Estate of Snapp, No. E2006-00933-COA-R3CV, 2007 WL 609015 (Tenn. Ct. App. Feb. 28, 2007).