In re the Construction of the Will of Bracalello

In a proceeding to construe a will, the six legatees named in paragraph “ Third ” thereof appeal from so much of a decree of the Surrogate’s Court, Westchester County, as provides that shares of stock in three family corporations do not pass under such paragraph. That paragraph of the will, which was executed on August 4, 1956, provides that appellants shall receive any stock owned by the testator at the time of his death in the three corporations “ which I have a right to convey ”. On August 10, 1956 the testator and the three corporations entered into an agreement in which it was provided…