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MATTER OF SYMONDS

79 A.D.2d 24 (1981)

In the Matter of The Estate of Fred E. Symonds, Deceased,

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

January 16, 1981

Attorney(s) appearing for the Case

Giles, Malony, Marsh, Swartz & Goodwin (Clarence F. Giles of counsel), for appellant.

Willmott, Wisner, McAloon, Scanlon & Saunders (Steven C. Haas of counsel), for respondent.

DILLON, P. J., SIMONS, SCHNEPP and DOERR, JJ. concur.

CARDAMONE, J.

We must construe the sixth paragraph of the will of Fred E. Symonds to determine the ownership interests in a farm in Hounsfield, New York. He drew a will in 1948, the sixth paragraph of which provided: "SIXTH: I give to my son, Chester G. Symonds, and his wife, Thelma Symonds, or the survivor of them, a life use of my farm situate in the Town of Hounsfield, Jefferson County, New York. At the death...

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