In re the Accounting of Dolan

Rubensteist, S.

Testatrix bequeathed her residuary estate to five named cousins “ in equal shares, share and share alike.” Two of them predeceased the testatrix and the three survivors claim they are entitled to take as a class and not as tenants in common. It is alleged that the five were brothers and sisters. The testatrix also by separate provisions bequeathed the sum total of $4,500 to six other cousins and by codicil revoked four of the bequests and the other two legatees predeceased testatrix. In none of the testamentary provisions is the stock of the cousins shown, nor is there present…