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MATTER OF NELSON

138 Misc.2d 64 (1988)

In the Matter of The Estate of Frances M. Nelson, Deceased.

Surrogate's Court, Nassau County.

January 6, 1988

Attorney(s) appearing for the Case

Walter, Conston, Alexander & Green for respondent. Alvan S. Hutchinson, Jr., for petitioner.

C. RAYMOND RADIGAN, J.

In this construction proceeding the court determined in a prior decision (134 Misc.2d 936) that the devise to the decedent's husband of her dwelling house in paragraph THREE of the will constituted a devise on condition. The devise is made "upon condition that should my husband, James A. Nelson, sell and/or transfer title to the said dwelling house during his lifetime, that the sum of one...

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