MATTER OF MALECKI


79 A.D.2d 799 (1980)

In the Matter of The Estate of Nellie Malecki, Deceased. Elizabeth F. Kline, Appellant. Shirley A. Bodak et al., Respondents

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

December 24, 1980


At issue in this construction proceeding is the applicability of the antilapse statute (EPTL 3-3.3). Petitioner, a sister of the testatrix, maintains that the qualification "Unless the will provides otherwise" (EPTL 3-3.3, subd [a]) was met so as to defeat such application, but we fully agree with the Surrogate's rejection of her contention. The specific and residuary gifts favoring respondents' father, a brother of the testatrix who was living at the time the will was executed...

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