In re the Estate of Kearney

Ringeose, S.

In this proceeding for a construction of the residuary, clause of the will of John F. Kearney, a determination is urged entitling the estate of Hazel Brown to the entire remainder, as surviving residuary legatee or as the surviving member of a class.

The clause of the will pertaining to the issue here presented reads as follows:

“ All the rest, residue and remainder of my property and estate owned by me at the time of my death I give, devise and bequeath to my cousin Mary A. Brown and her daughter Hazel Brown of No. 23 Richmond Avenue, in Buffalo, New York, in equal shares, such…