In re the Estate of Herter

Delehanty, S.

Deceased, a German national, died resident there on March 6,1945. He was survived by a widow. He left no issue. By a will dated January 25, 1939, and admitted to probate here he gave all his property in the United States to his brother, Morris Herter, residing in France. The brother *603predeceased the testator. He was a citizen of the United States and left surviving him four children who are all American citizens. These four claim the benefit of the gift to their father perforce the provisions of section 29 of the Decedent Estate Law. After making the provision for his brother,…