In re the Estate of Malecki

Appeal from a decree of the Surrogate’s Court of Schenectady County, entered December 7, 1979, which construed the terms of decedent’s will. At issue in this construction proceeding is the applicability of the antilapse statute (EPTL 3-3.3). Petitioner, a sister of the testatrix, maintains that the qualification “Unless the will provides otherwise” (EPTL 3-3.3, subd [a]) was met so as to defeat such application, but we fully agree with the Surrogate’s rejection of her contention. The specific and residuary gifts favoring respondents’ father, a brother of the testatrix who was living at the…