In re the Estate of Hylin

Shapiro, J. (dissenting).

The issue here is whether the Surrogate correctly construed the provisions of the will of Orvar Hylin, who died on August 21, 1935. He was survived by his widow, Dorothy G. Hylin, and his infant son, Orvar Ragnar Hylin, Jr. The son was 3 years old' on March 7, 1929, when the will was executed. He was 9 years old' at the time of his father’s death and 19 years old when he died unmarried' and without issue on December 11, 1944.

THE PACTS

Paragraph “ Third ” of the will left $12,000 to the trustees named in the will, the income of which was to go, in equal shares, to the…