MATTER OF BLUMENTHAL


250 A.D.2d 843 (1998)

673 N.Y.S.2d 707

In the Matter of The Estate of Irving J. Blumenthal, Deceased. Selma Blumenthal, Respondent; Marilyn I. Jacknow, Appellant, et al., Respondent

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

May 26, 1998


Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

The decedent bequeathed one third of his net testamentary estate to his wife, the petitioner Selma Blumenthal. The provisions of the will clearly and unambiguously provided that the "net testamentary estate" was to include the value of the property specifically devised to the decedent's two daughters in Paragraph Fourth of the will as well as any unpaid balance...

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