In re the Accounting of Heller

The testator, Morris A. Fischer, died May 5, 1951, survived by his widow, four children, his mother, a brother and other kin. His estate amounts to $152,000. His will was admitted to probate on February 8,1952.

The will, so far as pertinent, provides as follows :

“ First. * * * I give, bequeath and devise to my brother Joseph Fischer all my right, title and interest in the following real estate: 1230 College Avenue, Bronx, N. Y., 2792 Morris *369Avenue, Bronx, N. Y., 2101 Davidson Avenue, Bronx, N. Y., and 307 Bast 105th Street, New York City.

“ Second. I hereby direct that one-third of all my…