In re the Estate of Colbert

Appeal from an order of the Surrogate’s Court of Tompkins County (Friedlander, S.), entered November 29, 1993, which, inter alia, granted petitioners’ motion for summary judgment construing a will provision in their favor.

Robert R. Colbert (hereinafter the testator), a real estate developer in Tompkins County, executed his last will and testament on April 5, 1991. The will contained a provision, paragraph third, subparagraph L, wherein the testator bequeathed "the stock of any non-publicly traded corporation [that he] may own” to petitioners, two of his sons. The will named respondents, the…