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MATTER OF LAPE

54 A.D.2d 1027 (1976)

In the Matter of The Estate of Samuel J. Lape, Deceased. S. Ward Lape, as Coexecutor of Samuel J. Lape, Deceased, Respondent; Esther L Simmons, Appellant

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

November 10, 1976

Appellant, Esther Lape Simmons, on her appeal to this court, claims the testator's home at the time of his death under a separate provision of paragraph "Fourth" which devised to her "all remaining real property or interest therein that I may possess at the time of my death".

Decree affirmed, with costs, on the opinion...

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