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MATTER OF LEWIN

27 A.D.2d 971 (1967)

In the Matter of The Estate of Mary E. Lewin, Deceased. Leah McKune, as Guardian of William H. Lewin, an Incompetent, Respondent; Winifred S. Robertson et al., Appellants

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

April 27, 1967

GABRIELLI, J.

On June 17, 1953, Mary Ellen Lewin executed a will which provided, in part: "Second: I give, devise and bequeath unto my beloved husband, William H. Lewin, the share and interest in my estate to which he is entitled under the Decedent Estate Law of the State of New York." Mrs. Lewin died on September 27, 1965 leaving her husband and certain residuary legatees. When the will was drafted, subdivision 4 of section 83 of the Decedent Estate...

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