In re the Estate of McNeil

One of the main problems in this will construction proceeding is whether the words “ children ” and “ nephews and nieces ” used in testator’s will included the children of deceased children and children of deceased nephews and nieces. The Surrogate held they did not.

Paragraph Fifth of the will provides: “ Fifth. All of the remainder of my property shall be divided by my executor into a number of shares equal to the number of brothers or sisters surviving me and the number of deceased brothers or sisters who have left children surviving them and I give, devise and bequeath the said remainder…