In re the Estate of Klein

Page, S.

This is a proceeding pursuant to article 13 of the Surrogate’s Court Act instituted by petitioner, Mary K. Roberts, as one of three devisees of certain real property of which the above-named decedent died" seized on or about the 1st day of August, 1941. By paragraph “ Second ” of testator’s will, the said real property, designated as No. 26 Highland Avenue, Binghamton, New York, was devised to “ my wife Leopoldine Klein, and my daughters Sophie E. Preece and Mary K. Roberts, share and share alike.” The property consists of a city lot on which there was, at testator’s death, and still…