Surrogate John Czygier Jr.
In the first of two proceedings, petitioner sought a declaration that decedent's specifically devised real property, renounced by the devisees, passed in accordance with the THIRD paragraph of decedent's will. The second proceeding sought issuance of letters of administration to petitioner. The court noted the decedent's wife, his executrix, post-deceased him and no successor executor was nominated under the will. Petitioner asserted the wife died intestate leaving several distributees. She also noted the subject property was not sold, and wife did not transfer it to anyone. Petitioner sought a determination that the disclaimer filed by the devisees renouncing the bequest would cause the gift to pass to her and her brother in accordance to the THIRD paragraph under the will, instead of passing to the wife's estate, as residuary beneficiary. The court declined to make such determination finding the plain and unambiguous language of the will made clear the devise was made to the Van Nostrands, who renounced, and there was no alternate disposition of the property. Thus, upon the renunciation, the property became part of decedent's residuary estate passing to his wife. The court also found petitioner was entitled to be appointed administratrix upon qualifying, and without a bond.
