In re the Estate of Luckenbach

— In a proceeding to construe a clause of the will of Kate I. Luckenbach, and a codicil, the Kanawha Banking & Trust Company, N. A. (hereinafter Kanawha) appeals from a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated June 27, 1985, which, inter alia, determined that the bequest set forth in subdivision J of article eighth of the will to one Edward Underhill, who predeceased the testatrix, is ineffective and passes by operation of law pursuant to EPTL 3-3.4 to the remaining residuary legatees.

Decree affirmed, with one bills of costs payable by the appellant.

The deceased,…