Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Surrogate's Court, Putnam County, for a hearing in accordance herewith.
An examination of the contested paragraph of the decedent's will raises questions of fact as to whether or not the decedent intended to create a right of occupancy or a life estate for the benefit of the respondent. Accordingly, an evidentiary proceeding is warranted (cf., Matter of...
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