In re the Judicial Settlement of the Estate of Child

Sexton, S.

The material part of paragraph 7 of the will of testatrix herein reads as follows: “All the rest, residue and remainder of my property I give, devise and bequeath as follows : One-half of the same to Christina Harder, of Troy, H. Y., her heirs, executors or administrators.”

The testatrix survived said Christina Harder.

On the accounting herein, the executor took the position that the testatrix died intestate as to one-half of the residue of her estate, and proposes distribution thereof to the next of kin of the deceased living at the time of her death.

The heirs of said Christina…