In re the Estate of Churchman

Wingate, S.

The proceeding at bar presents an interesting and hitherto undetermined question respecting the interpretation of section 35 of the Decedent Estate Law.

On February 13, 1918, the decedent, who was then unmarried, executed a will, the sole provisions of which devised and bequeathed all real and personal property to Gertrude J. Barr and appointed her sole executrix without bond.

Under date of December 27, 1920, the testator executed a codicil to this will in which he bequeathed legacies of ten dollars each to a brother and two sisters, and of one dollar each to a half-brother and a…