In re the Estate of Beu

John F. Skahen, S.

The executor petitions for a construction of decedent’s will, particularly as to the effect of paragraph “Fourth” thereof on .the property which passes by intestacy because of the lack of a residuary clause in the will. The major asset of the estate, decedent’s real property, was not devised by the will, and since there is no residuary clause, that part of decedent’s estate must be considered intestate property.

Paragraph “ Fourth ” reads as follows: “ Fourth: I give and bequeath unto my daughter Mrs. Elenor Clarke, who currently resides in Rhode Island, the sum of five…