In re the Estate of Steflik

OPINION OF THE COURT

Eugene E. Peckham, S.

This is a proceeding to construe the will of Anastasia Steflik. The ambiguity in the will is created by the -provisions of paragraphs third, fourth, fifth and seventh which read as follows:

*355“third: I give, devise and bequeath the premises located at 815 Placek Drive, Johnson City, New York, all furniture, household goods, and books owned by me at the time of my death to my nephew, michael steflik, now of 113 Glenwood Avenue, Binghamton, New York; if the property has been sold prior to my death, I give and bequeath thirty percent (30%) of my estate to…