In re the Estate of Foley

OPINION OF THE COURT

Eve Preminger, S.

*259The executor of the will of Archibald R. Foley seeks advice and direction as to the construction of two beneficiary designations. The question presented is whether the proceeds of decedent’s retirement plan and annuity contracts pass entirely to the surviving beneficiaries, or are distributable to decedent’s estate to the extent of the interests of the predeceased designated beneficiaries. For the reasons set forth below, the court holds that the predeceased beneficiaries’ shares pass to Mr. Foley’s estate.

Mr. Foley established a defined contribution…