In re the Estate of Dammann

Chief Judge Desmond.

In this proceeding the executor of the will of Mary M. Dammann, besides presenting his accounts for settlement, asked the Surrogate to construe several parts of the will. Of the Surrogate’s holdings made in response to the petition, one only is disputed on this appeal — that is, his decision that because of the death, prior to the testatrix’ death, of one of eight persons named as residuary legatees without any gift over, the one-eighth share of the prior-deceased residuary legatee must be treated as and pass as intestate property of the decedent. If the decree be…