New York Surrogate's Court May 19, 1986 (In re the Estate of Gans)

OPINION OF THE COURT

Marie M. Lambert, S.

In this accounting proceeding, the trustee has petitioned for *427a construction of the will as well as to judicially settle the final account. The construction question raised is whether or not a child born out of wedlock to the son of the testatrix is entitled to inherit under the class of individuals referred to as "issue”.