Sousa Estate

TAXIS, J.,

At the time of audit, the court was asked to pass upon the validity of a disclaimer of a residuary share of the estate filed by the son of decedent, Joseph F. Sousa.

Decedent died on February 28, 1979, leaving a will dated June 26, 1959. After the payment of taxes, debts, and funeral expenses, decedent bequeathed one-third of his estate to his son, Joseph F. Sousa (Joseph), which is the share subject to contest; one-third to his step-son, George H. Goodman; and one-third to his brother, Joseph Sousa. Decedent provided that “[sjhould any of the above-named beneficiaries predecease me…