Re Hayter, Hayter v Tranter A testator by his will gave “everything I die possessed ofâ€ to E T. The testator’s father by his will bequeathed half his residuary estate to the testator. The testator died in 1933, and his father died in 1934, leaving him surviving the testator’s two children, with the result that, by virtue of the Wills Act 1837, s 33, the testator was to be presumed to have survived his father, so as to prevent the operation of the doctrine of lapse in respect of the half share of residue bequeathed to him by his father’s will.