Michella v. Winter

In a will construction proceeding, the petitioner appeals from a decree of the Surrogate’s Court, Orange County (Slobod, S.), dated November 20, 2006, which, inter alia, denied the petition and determined that the residuary estate of the decedent Paul J. Michella, Sr., passed by intestacy.

Ordered that the decree is affirmed, with costs.

*765Article Second of the decedent’s will dated February 9,1966, bequeathed his residuary estate in two equal shares to his son Paul J. Michella, Jr. (hereinafter the petitioner), and daughter Laureen Michella (hereinafter Laureen). Article Third created a trust…