Majority
p. 862In the Matter of the Construction of the Will of Stephen C. Smith, Late of the County of Westchester, Deceased, for a Decree Judicially Construing Paragraph “ Sixth ” of Said Last Will and Testament in General and in Particular in Respect to the Character of Said Legacy. Irving B. Lydecker, Special Guardian of Stephen George Smith, an Infant, etc., and John F. Krepps, as Executor, etc., of Stephen C. Smith, Deceased, Appellants; Mabel T. Smith, Respondent.
Appeals from a decree of the Surrogate’s Court of Westchester county, which construed paragraph sixth of the will of the testator so as to provide that the bequest therein be paid over to Mabel T. Smith, the widow of the testator’s son. Decree unanimously affirmed, with costs, payable out of the estate, to the special guardian and the respondent. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.