In re the Estate of Bannan

Delehanty, S.

By the first and second paragraphs of his codicil testator bequeathed the sum of $5,000 to each of five “ Second Cousins,” naming them. By paragraph third of the codicil he bequeathed the sum of $500 to “ every other Second Cousin ” surviving him. No second cousins in fact survived testator but only first cousins once removed. The named individuals described as “ second cousins ” are in the latter category. (People v. Clark, 62 Hun, 84.) Decedent clearly intended by the words “ second cousins ” as used in his codicil to define first cousins once removed. The Century Dictionary…