In re the Estate of Malloy

The proceeding was brought for the purpose of construing the thirty-fifth paragraph of the will of Joseph J. Malloy, deceased, and to determine the validity of an instrument in writing, purporting to be a contract, signed by the residuary legatees named in the will of the said deceased.

The executor commenced the proceeding by a petition, addressed to the Surrogate’s Court of Schenectady county, in which he asked for the construction of the thirty-fifth paragraph of the will, and for the approval of the instrument executed by the residuary legatees.

Mary Carey, the only living sister of the…