In re the Construction of the Will of Fuschino

John O. Boylan, S.

In this construction proceeding, the court is asked to determine the intent of the decedent as to the disposition of a vacant parcel of real property owned by him at death, and referred to in the stipulation as Parcel No. III.

The pertinent provisions of the will are as follows:

“fourth: — I hereby give, devise and bequeath to my wife margarita fusohino premises No. 10 Rockland Avenue, Staten Island, New York, to be hers absolutely, outright and forever, except that I direct that she shall not during her lifetime sell, alienate or dispose of said premises so long as my said…