MATTER OF SHUTTS


1 A.D.2d 927 (1956)

In the Matter of the Construction of The Will of Stephen A. Shutts, Deceased. William F. Shutts, Jr., et al., Appellants; Grace P. Shutts, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 21, 1956


Testator died on June 30, 1932, leaving a will dated August 28, 1930, which was admitted to probate on July 5, 1932. With certain exceptions which are unimportant here, testator devised and bequeathed all of his real and personal property to his wife, Eunice Shutts, "to use and enjoy during her lifetime". Then following the paragraph which gives rise to this controversy: "Second: After the death of my wife, my real estate shall be divided into six (6) equal portions; two...

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