Opinion
October 5, 1970
In a proceeding to judicially settle the executor's account, the appeal is from so much of a decree of the Surrogate's Court, Kings County, dated October 8, 1969, as construed the testator's will and directed, inter alia, certain distribution of the testator's property as in intestacy. Decree affirmed insofar as appealed from, with $30 costs and disbursements to respondent Attorney-General, payable by appellants personally. In our opinion there are no pressing social reasons why the court should now extend retroactive application to EPTL 3-3.4 in favor of appellants, who are distant, residuary legatees. There is no indication that the Legislature intended other than to abolish the "no residue of a residue" rule as of September 1, 1967. Munder, Acting P.J., Martuscello, Latham, Kleinfeld and Brennan, JJ., concur.