In re the Estate of Tomson

William J. Regan, S.

This is a will construction proceeding presenting the question of applicability of EPTL 3-3.4 under circumstances where a residuary disposition becomes ineffective or lapses as to certain named beneficiaries.

The testator, Alexander Tomson, died August 26, 1970, leaving a last will and testament dated November 10, 1966, which was duly admitted to probate on October 29, 1970. The will by paragraph Second thereof provides as f ollows: “ I give, devise and bequeath one-half of all my property both real and personal to go to my sister-in-law, Irma E. Riesterer, and the other…