In re the Estate of Smallman

Wingate, S.

So far as the research of counsel or the independent investigation of the court has been able to disclose, the questions here litigated respecting the partial invalidity of the will under section 17 of the Decedent Estate Law are absolutely of first impression.

The issue is raised by Ralph Smallman, a cousin of the decedent, who is a legatee under the “ seventh ” item of his will. The propriety of objection by this party is violently contested by the charities on the ground that he was not a next of kin of the decedent, the latter having been survived by his wife and father. His…