In re the Construction of the Last Will of Osher

As the above caption indicates, the petitioner has requested a construction of the will. The petition places emphasis upon article second of the codicil and what is in form a renunciation of all interest in the estate executed by the decedent’s widow in the City of Lima, Peru.

First of all, lest any doubt exist or question be raised hereafter as to the validity of the widow’s renunciation on the documentary evidence filed, it is determined by the court to have been validly made, served and filed in accordance with EPTL 3-3.10.

The petitioner requests the court to make a determination *588that the…