In re the Accounting of Kaufmann

Collins, S.

The uncontroverted facts submitted on the question of the construction of decedent’s will are that, at the time of the execution of her will and at the time of her death, testatrix held certain real property through her ownership of all the stock of a realty corporation but at neither of these times was title to any real property in her own name. Testatrix inaccurately advised the draftsman of her will that she was the owner of the real property which she in fact owned only through her shares in the corporation.

The second article of the will provides: “ I give, devise and bequeath…