In re the Accounting of Miller

W. Vincent Grady, S.

The executor herein, on his final accounting, seeks a construction of paragraph numbered “third” of decedent’s last will and testament.

All the rest, residue and remainder of my estate both real and personal wheresoever situate, I give, devise and bequeath as follows:(a) one-tenth thereof to my brother John Miller, of Beacon, New York, but in the event that my said brother shall have predeceased me then, and in that event, I give, devise and bequeath said one-tenth share to his issue him surviving to be divided equally amongst them, share and share alike.(b) one-tenth…