In re the Estate of Logasa

Foley, S.

This is an application for a construction of the will of the testator. It has already been adjudicated by the decree admitting the will to probate that there was a violation of section 17 of the Decedent Estate Law and that the bequest to the charity named in the will of the testator is valid to the extent of one-half of his estate, and no more. The question now to be determined is whether the excess beyond the one-half, after the payment of debts, passes to the petitioner herein, the father of the testator, who has contested the validity of the bequest, as next of kin, or to Hannah…