In re the Construction of the Will of Startup

Calyer, S.

This proceeding is brought to obtain a construction of that part of the codicil to the decedent’s will by which she bequeathed certain property to George A. McNamara in the following language: “ Four Thousand ($4000) Dollars of Barbizon Hotel bonds, if and as owned by me at the time of my decease.” The residuary legatees were duly cited in this proceeding, but there has been no appearance by, or on behalf of, them.

The testatrix had once owned $4,000 worth of First Mortgage 6% Serial Gold Bond Certificates of Lexington Avenue and 63rd Street Corporation (Barbizon Corporation). As the…