In re the Estate of Malerba

George Frankenthaler, S.

The sixth article of the testator’s will, executed on May 27,1950, bequeaths his residuary estate in equal shares to his two brothers. The seventh article of the will provides as follows: “ SEVENTH: If after reasonable search by my Executor hereinafter named, the whereabouts or existence of my brother, FRANCESCO MALERBA, a World War II displaced person, cannot be determined or ascertained, I direct that the share of my residuary estate which my brother, FRANCESCO MALERBA, would receive under the provisions of paragraph “ SIXTH” of this my Last Will and Testament, be…