In re the Estate of Gardella

Appellate Division of the Supreme Court of New York

In re the Estate of Gardella

208 A.D.2d 836, 618 N.Y.S.2d 561

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1994

StatusPublished

This text of 208 A.D.2d 836 (In re the Estate of Gardella) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Gardella, 208 A.D.2d 836, 618 N.Y.S.2d 561 (N.Y. Ct. App. 1994).

Pincite

Opinion

In a proceeding for the construction of the decedent’s will, the petitioner appeals from an order of the Surrogate’s Court, Putnam County (Braatz, S.), dated March 16, 1993, which construed the will as creating a life estate in the decedent’s home at 3 Cornnall Road, Patterson, New York for the benefit of the respondent Viola Petersons.

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 Lezotte, 108 AD2d 1052; Matter of O’Neil, 8 AD2d 631). Pizzuto, J. P., Santucci, Hart and Goldstein, JJ., concur.

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In a proceeding for the construction of the decedent’s will, the petitioner appeals from an order of the Surrogate’s Court, Putnam County (Braatz, S.), dated March 16, 1993, which construed the will as creating a life estate in the decedent’s home at 3 Cornnall Road, Patterson, New York for the benefit of the respondent Viola Petersons.

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 Lezotte, 108 AD2d 1052; Matter of O’Neil, 8 AD2d 631). Pizzuto, J. P., Santucci, Hart and Goldstein, JJ., concur.

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Bluebook (online)

208 A.D.2d 836, 618 N.Y.S.2d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-gardella-nyappdiv-1994.

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