In re the Construction of the Will of Hunt

Rich, J.:

The learned surrogate has found that as to the one-fifth interest in the residuary estate of Harrison Hunt, which was vested in Hattie Hunt, and which descended to her father, Daniel, upon her death, Daniel died intestate (116 Misc. Rep. 23); and this appeal presents for our consideration and construction paragraphs first and second of the will of Daniel Hunt, deceased, which read:

“First. Whereas, my grandchildren Albert Bell, Jr., and Raymond Chandler, will, upon my death, be each entitled to one-fourth of the property devised and bequeathed by the will of my brother, Harrison Hunt,…