Decree reversed on the law, with costs to the respective parties payable out of the estate, and proceeding remitted to the Surrogate's Court, Suffolk County, for entry of a decree construing the will in accordance with the petition. No issues of fact were considered.
The testator and his wife executed a joint and mutual will providing that after the payment of debts, etc., all their property should go to the survivor; providing further that in the event of their simultaneous...
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