In re the Estate of Scherer

OPINION OF THE COURT

W. Patrick Falvey, S.

Petitioner executor requests the court to advise and direct pursuant to SCPA 2107 (2). He asserts in his petition filed Feb*364ruary 23, 2009, that the decedent meant to leave to him in paragraph sixth of the will (the petition refers to paragraph seventh, but correspondence from the attorney for the estate acknowledges this as an error) a lot lying westerly of Hamilton Street in the Village of Penn Yan as part of the property known as 313 Hamilton Street. Apparently this lot is located across the street from the 313 Hamilton Street address, which was the…