In re the Construction of the Will of Graves

Testator died November 9, 1959 leaving a last will and testament dated September 25,1956 which was duly admitted to probate on December 13,1959. At the time of the execution of the will, his wife was living but thereafter predeceased him. He left him surviving as his sole distributee a sister, appellant Leota Yokey, formerly Keller. (Decedent Estate Law, § 83, subd. 6.)

Although her petition also prayed for the construction of the first and second paragraphs of the will, appellant’s brief states the issue here for determination to be “ whether testator intended to die intestate as to the trust…