MATTER OF BARTLEY


83 Misc.2d 672 (1975)

In the Matter of The Estate of Mary E. Bartley, Deceased.

Surrogate's Court, Cattaraugus County.

June 12, 1975


Attorney(s) appearing for the Case

Harry B. Hunter for Robert Bartley. Shane & McCarthy (G. Sydney Shane of counsel), for estate.


EDWARD M. HOREY, S.

The will of the decedent, Mary Ellen Bartley, previously admitted to probate on July 25, 1974, was dated and executed September 3, 1953.

The sole provision for the testatrix' surviving spouse, Robert Bartley, are contained in paragraph FIFTH. That paragraph contains a bequest to him in the following terms:

"FIFTH. In the event that I am survived by my husband, ROBERT C. BARTLEY...

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