Page:The New International Encyclopædia 1st ed. v. 11.djvu/857

* LAPPARENT. 7 ments de terre (1887) ; La geologic en chemin de fer (1888) ; and Lc siicle dii fcr (1890). LAPPENBERG, lap'peil't'rK, .loiiAxx :Hab- TIN (1704-1805). A German historian, born in Hamburg. He i-tudied medicine at Edinburgh, but afterwards devoted himself to historical and political studies. He resided for some time in London, and afterwards .studied law and history at Berlin and Gottingen. He became the repre- sentative of his native city at the Prussian Court in 1820, and in 1823 was appointed archivist to the Hamburg Senate, an appointment which led to his discovery of many valuable historic rec- ords which were supposed to have been lost. He died Xovember 28, 180.5. His principal work is the Gegchichte ron England (18.34-37), the first volume of which was translated by Benjamin Thorpe as A JJistorii of England Under the Anglo-Saxons (1845), and the second as A His- tory of England Under the Xornian Kings (1857). He wrote also a continuation of Sartorius's Urlundliehc (lexehiehte drr deutscheii Hanse (1830) ; Ueher dm chrmaliaen Umfang und die Geschiehte Ilelgolands (1831) ; Urkundliche Ge- schichte des hansisehen Utahlhofs zu London (1851); Zeitschrift des Vereins fur Hamburger Geschiehte (1841-51): Hamburger Rechtsalter- tiimer (1845). He also edited many specimens of early German literature. Consult E. H. May- er, Johann Martin Lappenberg (Hamburg, 1SG7). LAPPS. See Lapland. LAPRADE, lu'pnul', Victok de (1812-83). A French poet and essayist. He was bom at Mont- . brison, and studied law at Lyons ; but literature claimed him, and after travels in Italy (1845), he was appointed professor of French literature at Lyons (1847). From this position he was removed in 1801 because of the satiric poem dant, in which he replied to Augier's ironical Effrontes. His patriotic poems written in 1870 procured him an election as Deputy in 1871. His poetry, largely symbolic, grave, and dig- nified, includes; Les parfums de la Madeleine (1839); La colere de J^siis (1840): Psi/ehe (1842). in which, with the Greek myth,' the Christian doctrine of expiation is treated sym- bolically: Odes ei poemes (1844); IdtiUes hero- vincs (18.50). which won him a place in the Academy after De Musset's death : the Hellenic tragedy Harmodius (1870); Le Hire d'un pire (1870) : and Le livre des adieux (1878). Among his prose writings mention should l)e made of: Questions d'art et de morale (1801) : and the at- tacks on modern education. L'cducation homicide (1807) and L'rdnention libdrale (1873). Con- sult BirO. Victor de Lapradc, sa vie et ses oeuvres (1886). LAPSE (from Lat. lapsus, a falling, slipping, from Inlii. to fall, to slip). In the law of wills, the failure of a lofacy or devise to take effect, by reason of the death of the beneficiary before that of the testator, or because it becomes inoper- ative, subsequent to the execution of the will, for some cause or condition contained in the terms of the will. The term, therefore, applies only where the legacy or devise is good and capable of taking ofVv^et at the time it is made, and be- comes inoperative thereafter, and is to be distin- guished from the term 'void' when applied to a legacy or devise which is not a testamentarv act because the beneficiary named is dead at the 75 LAPSED. time of the execution of the will, or by rea.son of being in contravention of some rule of law. Thus, where A makes a devise to B, who is alive at the time, but who dies before A, the devise is said to lap.se; whereas if B is dead at the time, the devise is void, as it was never capable of taking etTect. A bequest to a society of anarchists, to Ije applied for the purpose of destroying the Gov- ernment, would l)e void as being in contravention of law. Tins distinction is important under the common-law rules in regard to the interpreta- tion of wills, under which a devise in a will has reference to the time when the will is executed, and only such real property will pass under a residuary devise as remains undisposed of at that time. Therefore, if a devise is valid at the time when made, but subsequently lapses, a residuary devisee could not claim the property attempted to be dispo^ed of thereby, as it was not a part of the residuum at the time the will was made. However, if a devise is void from the beginning for any reason, the property is never disposed of in contemplation of law, and therefore continues a part of the residuum to which the residuary devisees are entitled under the will. As to personal property, even under the com- mon law the will is construed as if executed im- mediately before the testator's death and as af- fecting that which is undisposed of at the time. Therefore, personal property attempted to be disposed of by a legacy which subsequently lapses will go to the residuary legatees, if any. " The rule in regard to the interpretation of wills as to devises has been abolished in England and most of the United States, and as a consequence many States hold that all distinction in this re- gard as to real and personal property is abol- ished, and accordingly that lapsed devises fall into the residuum as in case of legacies. How- ever, a considerable number of States still adhere to the common-law rules, notwithstanding the changes effected by their statutes, as above re- ferred to. The statutes of many States tend to prevent the lapse of legacies and devi.ses. by pro- visions to the efTect that in the absence of con- trary provisions in the will, the children of a deceased beneficiary shall take the gift intended for the parent. This law does not operate to give such children vested interests, as a devise or be- quest is always subject to revocation by the tes- tator. It is quite common for testators to pro- vide against lapses by designating alternative beneficiaries, who will inherit in event of the deaths of those first mentioned. Consult the au- thorities and references under Will. See Ademp- tion; Adva.xcemext ; Deise; Legacy. In the English ecclesiastical law. where an of- ficer of the Church of England has a right to designate or 'present' a curate or other officer to a particuhu- church, and unreasonably neglects to do so, his right is said to lapse — that is, it is forfeited.' See Benefice. LAPSED (Lat. lapsi. nom. pi. of p.p. of labi, to slip; connected with OChurch Slav, slahu, OHG. slaf, Ger. schlaff. slack). Tlie designation applied, in the early centuries of the Christian Cliurch, to those who. overcome by heathen perse- cution, did not continue faithful to the Christian religion. The lapsed were divided into classes, such as the sncrificate. who had actually sacrificed to the heathen gods; the thurifiratr, who had burned incense to them: the lihellatici, who pre- sented papers testifying that they had done one
 * "Les muses d'etat." published in the Corrrspon-