In re the Construction of the Will of Kajkowski

In a proceeding to construe testator’s will, petitioner, the executor named in the will, appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Nassau County, dated October 17, 1960, as adjudged that there was no disposition of property by testator under his will and that he died “ as in intestacy ”. On September 10, 1953, testator and his wife made a joint will, which provided that all their property was to go to the survivor. However, in the event of death of both in a common accident, the property was given to two named children. The will expressly stated that…