In re the Construction of the Will of Beiser

John D. Bennett, S.

This is a proceeding for the construction of paragraph tenth of the will of decedent dated July 9, *1771957, and paragraph sixth of the codicil dated September 29, 1958. The facts have been agreed to in a written stipulation on file in this proceeding.

Paragraph tenth of the will provides as follows: 1 ‘ All the rest, residue and remainder of my estate, I give, devise and bequeath to my brothers, buftjs websteb beiseb and hebbebt k. beiseb, share and share alike.”

Subsequent to the making of the will, on October 14, 1957, Herbert K. Beiser died. On September 29, 1958, when…