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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 7, 2001

This is an appeal in a probate action. Appellant Gloria Gregovich, formerly Gloria Parisi, the daughter of testatrix Jennie Tateo, brought this proceeding for a determination of her rights under her mother’s last will and testament. She appeals from an order of the trial court dismissing her complaint. She challenges the court’s conclusions first, that her bequest of $50,000 had abated by reason of there being insufficient funds in the estate to pay it and second, that the real property devised by the will to her brother Peter was a specific devise passing to him free of any claim by her. We reverse. We are of the view that the court’s decision was contrary to the decedent’s probable intent and that appropriate application of the doctrine of probable intent requires that appellant’s bequest be deemed to be a charge against the real property inherited by her brother.

 
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