MATTER OF NASH


177 A.D.2d 919 (1991)

In the Matter of The Estate of James E. Nash, Deceased. Stephen E. Nash, Appellant; James R. Nash, Respondent

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

November 27, 1991


Casey, J. P.

In this will construction case, petitioner contends that only a life estate was created by the dispositional paragraph of decedent's will, which provides as follows: "First, after my lawful debts are paid, I give my house * * * to my son, James R. Nash, for his own use forever." Accepting petitioner's argument that the phrase "for his own use" evinces an intent to give a life estate, the inclusion...

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