In re the Accounting of Engel

Moss, J. (Justice of Supreme Court as Acting Surrogate).

In this accounting proceeding the administratrix c.t.a. seeks a construction of the will’s residuary provision to determine whether the residuary estate passes as intestate property or is saved for the descendants of the brother named as a residuary legatee by section 29 of the Decedent Estate Law.

Testatrix, a schoolteacher, died on April 8, 1952, a resident of Kings County leaving a will dated May 4, 1932, which was admitted to probate January 6, 1953. Letters of administration c.t.a. were issued to petitioner, a niece of testator, and…