In re the Construction of the Will of Brown

Frankenthaler, S.

Deceased’s will contains language disposing of two parcels of real property. At the date of the will and at the time of deceased’s death title to only one of the properties was in deceased’s name but she held the stock of a corporation whose principal asset was the other piece of real estate. The court holds that the will is effective to dispose of the corporate stock owned by deceased in lieu of the realty she did not own. The clear intention of deceased to bequeath the *939corporate shares may be effectuated since the controlling factor is the substance of the attempted gift…