In re the Accounting of Striegel

Savarese, S.

The executors have sought the counsel of this court to ascertain whether brothers and sisters of the half blood, or their representative, if they had predeceased testatrix, are entitled to share in a gift of the residue “ to be divided equally amongst my brothers and sisters.”

It would appear that there is no appellate authority squarely on this question within the State of New York. However, as a matter of common construction, in the absence of an expression of intention to the contrary, a testamentary phrase will be given the same meaning as ascribed to it under the laws of…