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MATTER OF VILLALONGA

5 A.D.2d 312 (1958)

In the Matter of the Accounting of Bank of New York, as Trustee under The Will of Margaret E. Villalonga, Deceased, Respondent. Amy V. Whittemore, Appellant; Jane T. Mann et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1958.

Attorney(s) appearing for the Case

Milton Sargoy of counsel (Thomas M. Aron with him on the brief; Hays, St. John, Abramson & Heilbron, attorneys), for appellant.

Alexander R. Hamilton of counsel (Burke & Burke, attorneys), for Jane T. Mann, respondent.

Harry Suchman of counsel (Hyman Bravin with him on the brief), for Donald C. Mann and others, respondents.

BREITEL, J. P., RABIN, FRANK and VALENTE, JJ., concur.

STEVENS, J.

This is an appeal from a decree construing the will of the decedent so as to include grandchildren within the definition of "children" in the gift of a remainder. The will was executed in 1923.

The will, after making several bequests, including a provision for a division of "the rest of my jewelry" equally between the two granddaughters of the testatrix (paragraph SIXTH), contains the following...

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