In re the Estate of Foundas

OPINION OF THE COURT

Joseph J. Traficanti, Jr., S.

This is a construction proceeding which was brought on by way of petition by the infant issue of the decedent through the court-appointed guardian ad litem. The decedent Christine P. Foundas executed a document purporting to be her last will and testament on May 9,1978. The will was admitted to probate by this court on November 23, 1981 and the question raised by the guardian ad litem of construction was reserved for future consideration and decree in accordance with SCPA 1420 (subd 3).

The will in essence bequeathed to John J. Foundas, the…