In re the Estate of Benson

OPINION OF THE COURT

John W. Bergin, S.

Decedent died on March 24, 1977 and her last will and testament and codicil were duly admitted to probate by this court on April 4,1977.

Paragraph “sixth” of the decedent’s will provides as follows: “I hereby give and devise the real property known as No. 2695 Balltown Road, Schenectady, New York, (being the property described in a deed dated August 19th, 1959, and recorded in the Schenectady County Clerk’s Office August 19th, 1959, in Book 787 of Deeds at Page 375) to Douglas E. Benson and Kenneth D. Benson, grandsons of my late husband, for their own…