Supreme Judicial Court of Maine May 15, 1827 (Anderson v. Parsons)

Mellen C. J.

delivered the opinion of the court.

By the common law, when a devisee dies before the testator, the devise to him is lapsed and yoid ; no person being in esse te *489ake. When a devise is io two or more- persons jointly, or la them as joint tenants, if ona dies before the ¡estator, the survivor will bo entitled to the whole. 1 Show. 91. 1 Salk. 237. Roper on legacies 121. 3 Ves. 628.