In re the Estate of North

Appeal from an order of the Surrogate’s Court of Broome County which granted respondent Carr’s motion to dismiss the petition in a proceeding for the construction of a will, on the ground that the language of the will is clear and unambiguous and that construction is neither necessary nor proper. The testatrix executed her' will on November 1, 1939. By paragraph “ Fourth ”, she gave her residuary estate “ to my sister Catherine Carr ”, By paragraph “ Fifth ”, she provided that if her sister should predecease her, survived by a child or children, the residuary estate should pass “to Frank J.…