In re the Estate of Maliszewski

Mercure, J.P.

Appeal from an order of the Surrogate’s Court of Schenectady County (Kramer, S.), entered August 17, 2006, which construed paragraph four of decedent’s last will and testament.

Petitioners commenced this proceeding to construe the fourth paragraph of decedent’s last will and testament. That paragraph provided that if any part of decedent’s estate vested “absolute ownership in a person under the age of [25],” then decedent’s fiduciary was authorized “to hold the property so vested in a separate fund for the benefit of such person and to invest and reinvest the same.” The fiduciary…