In re the Estate of Augustine

S. Samuel Di Falco, S.

In this accounting proceeding the executor has asked the court for a construction of decedent’s will. None of the parties have taken a position on the issue that has been raised.

Under article sixth of the will the residuary estate was bequeathed as follows: "All the remainder of my estate, any bequests which lapse and all property of which I can dispose I bequeath in equal shares per capita to my said brothers *185george, william and Alexander, my sister Josephine, nieces ROSEMARY, BARBARA ANN and KATHLEEN, and nephew JAMES and the survivors of them living at the time the…