MATTER OF NELSON


154 A.D.2d 378 (1989)

In the Matter of Frances M. Nelson, Deceased. Rosemary Mariscalo, Appellant; James A. Nelson, Respondent

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

October 2, 1989


Ordered that the decree is affirmed, with costs payable by the appellant personally.

The respondent James A. Nelson was the devisee under the decedent's will of a certain parcel of real property. The devise stated, it pertinent part, as follows: "THIRD: I give and devise to my husband, JAMES A. NELSON, if he shall survive me, my dwelling house, together with the premises on which it is situated * * * to have and to hold the same to him, his heirs and assigns forever...

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