In re the Estate of Prentice

O’Brien, S.

In this accounting proceeding two questions are presented for decision. The first refers to a devise by the testatrix in the following language: “If at the time of my death I have any interest in or shall be in any way entitled to the real estate which belonged to my father at Albany, New York, I give, devise and bequeath the same to Ezra P. Prentice, son of Mr. Ezra P. Prentice, to be his absolutely.”

*344The proofs submitted show that at the time of the execution of this will the testatrix had an undivided one-fourth interest in two parcels of real property located at Albany, N. Y.,…