MATTER OF SMITH


90 A.D.2d 905 (1982)

In the Matter of The Estate of Earl W. Smith, Deceased. Elizabeth Klindt et al., Respondents; Margaret M. Heit, Appellant

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

November 18, 1982


His wife died thereafter on August 16, 1980. At the time of decedent's death, he was the owner of certain real estate including a residence located in the Town of Butternuts. The question to be determined is whether the decedent husband intended to devise to his wife a life estate in his residence or the entire fee. The Surrogate determined that he intended to devise the entire fee. This appeal ensued. The pertinent portions of the will are as follows: "SECOND: I give and...

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