In re the Estate of Fitzpatrick

By his will, decedent gave to his sister and brothers, naming them, “ equal shares of remaining assets as my survivors.” The sister survived testator but the brothers predeceased him, leaving children who claim their fathers’ supposed shares by virtue of section 29 of the Decedent Estate Law. Absent the words of survivorship, it would have to be held that the gift was not to a class and that the shares of the predeceased legatees would, under section 29, pass to their descendants. (See Matter of King, 200 N. Y. 189, 193.) However, neither the will nor any proof extrinsic to it suggests any…