← Cases

In re the Construction of Will of Duberstein

10 A.D.2d 986 Court N.Y. App. Div. Decision date 1960-05-23 English

Contents

Majority

p. 986
In the Matter of the Construction of the Will of Mary Duberstein, Deceased. Judith S. Karnes et al., Appellants; Deborah Williams, et al., Respondents.

In a proceeding to construe a will, the petitioners appeal from a decree of the Surrogate’s Court, Kings County, dated July 31, 1959, which holds that th’e entire residuary estate was given to the five legatees named in the residuary clause of the will and that petitioners (the issue of testatrix’ child who died before the will was executed) did not acquire any interest in the residuary estate. Decree affirmed, with costs to all parties filing briefs, payable out of the estate. No opinion. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.