In re the Estate of Kanewsky

Christopher C. McGrath, S.

In this proceeding two of the five children of the decedent seek a construction of paragraph “ ninth ” of the will to determine whether they are entitled to the specific bequests free of the conditions provided for in the will.

Paragraph “ ninth ” provides in part as follows:

“I give and bequeath two (2) shares of the common stock without par value, to each of my five (5) beloved children me surviving or to their issue them surviving, per stirpes and not per capita, that I own in the Ace High Ladder Co., Inc., # * * subject, however, to the following conditions:

“ It is…