In re the Estate of Bernstein

OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding for a construction of Article fourth of the decedent’s will, the principal question presented is whether the term “survivors” is a term of like import to “the term ‘heirs,’ ‘heirs at law,’ ‘next of kin’” (EPTL 2-1.1) and, consequently, is required under EPTL 2-1.1 to be construed as meaning the distributees of the decedent’s predeceased brother. In the event that such a construction is mandated by EPTL 2-1.1, a portion of 50% of the residuary estate would be paid to the estate of the brother’s postdeceased second spouse, the…