In re the Estate of Hayman

Foley, S.

Supplementing my decision in this estate (134 Misc. 803), I hold (1) that the class of “ nephews and nieces ” made remaindermen by paragraph 7 of the will must be limited to the children of testator’s sisters, Rose Hochstadter, Blanche Meyer and Ella Bernheimer, named in that paragraph. By the language used therein the testator has so clearly defined the class that no rules of construction can be applied thereto, save the general rule that testator’s intention must be sought in all of his words, and when clearly expressed by him must be enforced. Grace A. Seymour, Arthur J. Mack and…