In re Schaffner

Order unanimously reversed on the law with costs and matter remitted to Allegany County Surrogate’s Court for further proceedings, in accordance with the following memorandum: In this will construction proceeding, Surrogate’s Court determined that paragraph seventh of the will was clear and unambiguous and required that the residual estate of decedent be divided in five equal shares among petitioner, who was decedent’s brother, and the four living children of decedent’s brother Roy F. Schaffner, who predeceased him. We disagree.

The subject clause of the will provided in part: "Upon the death…