Opinion
October 5, 1938.
Present — Sears, P.J., Crosby, Lewis, Taylor and Dowling, JJ. [ 167 Misc. 848.]
Decree in so far as appealed from affirmed, without costs of this appeal to any party. Memorandum: The surrogate determined that testator's use of the phrase "heirs at law" was intended to mean next of kin, thus eliminating appellant as a distributee under the provisions of the will. Appellant contends that heirs at law should be given its natural, ordinary and legal meaning. We agree with the surrogate. ( Tillman v. Davis, 95 N.Y. 17; Wallace v. Diehl, 202 id. 156, 165; Matter of Evans, 234 id. 42, 45; New York Life Ins. Trust Co. v. Winthrop, 237 id. 93.) All concur. (The decree construes a will.)