In re the Probate of the Will of Rathkopf

John D. Bennett, S.

The petitioners are sons of the decedent and are named as substitute executors in the propounded instrument in the event that the executor named therein pre*105deceased the testatrix. The petition recites that the executor named in the propounded instrument died prior to or simultaneously with the testatrix.

The issue presented is whether the substitute executors named in the propounded instrument are entitled to qualification if the executor named in the propounded instrument died simultaneously with the testatrix. If the propounded instrument merely stated that the substitute…