In re the Estate of Cipolla

Wingate, S.

By stipulation filed herein, the sole questions presently before the court for determination relate to the construction, validity and effect of certain of the subdivisions of paragraph 3 of the will now under consideration in so far as they affect the real property of which the decedent died seized within the county of Kings. At the outset it is to be noted that, whereas the testator has expressly disposed of the proceeds of the sale of this real property in the event that a sale thereof should be accomplished, he has, nevertheless, made no express devise of the real property…