In re Wolfe

Crouch, J.:

Upon the reargument we have considered this case in the light of additional evidence stipulated by the attorneys for the respective parties, not contained in the original record, showing that all the brothers and sisters of testatrix predeceased Roy D. Herrick. We are of opinion that this additional fact does not affect the decision as originally made. (See Matter of Turner, 206 App. Div. 294; 207 id. 837.) It is urged that under the construction of the will there made, no estate or interest did or could vest in the brothers and sisters of testatrix until the death of either or…