In re Sutter

Decree of the Surrogate’s Court of Nassau county determining that the appellants are not entitled to share in the residuary estate of the testator unanimously affirmed, with costs against the appellants. In our opinion only the children of the testator who were living at the time of the execution of the will are entitled to the residuary estate under the second paragraph of said will. Present — Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ.