In re the Estate of Wiener

Maximilian Moss, S.

In this accounting proceeding construction of testator’s will is required in order to determine the distribution of the residuary trust remainder under paragraph “Eighth” of the will. By subparagraph (b) thereof testator devised and bequeathed 20% of the trust remainder to his only sister “ but only if she shall survive me and my wife.” She survived testator but predeceased his wife, leaving two children who are named in subparagraph (d) among testator’s 14 nieces and nephews and a niece and nephew of his first wife as equal beneficiaries of 45% of the trust remainder, with…