In re the Estate of Lape

Appellate Division of the Supreme Court of New York

In re the Estate of Lape

54 A.D.2d 1027, 388 N.Y.S.2d 267, 1976 N.Y. App. Div. LEXIS 14990

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1976·Published

Opinion

Appeal from a decree of the Surrogate’s Court of Schoharie County, entered December 10, 1975, which construed the will of Samuel J. Lape, deceased, and found that the home and the land upon which it stands owned by the testator at the time of his death and situated in the Town of Jefferson, Schoharie County, New York, passed to S. Ward Lape, under paragraph "Fourth” of said will. Appellant, Esther Lape Simmons, on her appeal to this court, claims the testator’s home at the time of his death under a separate provision of paragraph "Fourth” which devised to her "all remaining real property or interest therein that I may possess at the time of my death”. Decree affirmed, with costs, on the opinion of Ecker, S. Koreman, P. J., Greenblott, Sweeney, Mahoney and Reynolds, JJ., concur.

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Appeal from a decree of the Surrogate’s Court of Schoharie County, entered December 10, 1975, which construed the will of Samuel J. Lape, deceased, and found that the home and the land upon which it stands owned by the testator at the time of his death and situated in the Town of Jefferson, Schoharie County, New York, passed to S. Ward Lape, under paragraph "Fourth” of said will. Appellant, Esther Lape Simmons, on her appeal to this court, claims the testator’s home at the time of his death under a separate provision of paragraph "Fourth” which devised to her "all remaining real property or interest therein that I may possess at the time of my death”. Decree affirmed, with costs, on the opinion of Ecker, S. Koreman, P. J., Greenblott, Sweeney, Mahoney and Reynolds, JJ., concur.

In re the Estate of Lape, 54 A.D.2d 1027, 388 N.Y.S.2d 267, 1976 N.Y. App. Div. LEXIS 14990 (N.Y. Ct. App. 1976).

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54 A.D.2d 1027 (In re the Estate of Lape) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.