In re the Estate of Newkirk

Bertram R. Gelfand, S.

This is an application by an adult grandson of testatrix who in his posture as a descendant of decedent’s predeceased issue seeks to invade for his benefit residuary bequests to eleemosynary institutions to the extent that such bequests exceed one half of testatrix’ net estate.

Testatrix died August 5, 1972. Her last will and testament was executed on August 12, 1971. Testatrix’ gross estate is approximately $75,000. Under the terms of her will, she made seven specific bequests, including $100 to the petitioner. The latter bequest of $100 is by far the smallest of the…