In re the Estate of Ackerina

Frankenthaler, S.

Petitioner was a witness to a will under which her father, the decedent’s brother, was named sole beneficiary. Three other brothers were disinherited. The sole beneficiary predeceased the testatrix, and the petitioner claims a right to succeed to her father’s bequest under the statute preventing lapse (Decedent Estate Law, § 29), as his only descendant. The respondents claim that her interest as substituted legatee is vitiated by operation of section 27 of the Decedent Estate Law, which provides that if any person shall be a subscribing witness to the execution of a will…