In Re DiBiasio

OPINION

This case involves the construction of a will and codicil. The defendants, Thomas Fiore, James Fiore, and Jennie Saccoccio, are heirs at law of the testator, Vincent Fiore (Fiore). They appeal from a Superior Court order providing that upon Fiore’s death, the rest, residue, and remainder of his testamentary trust vested in Joseph A. DiBiasio (DiBiasio), Fiore’s nephew and the remainderman designated in his will. The court further ruled that upon DiBiasio’s death the remainder of Fiore’s estate would go to DiBiasio’s heirs rather than revert to the defendants in their capacity as…