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In re the Estate of Smith

458 N.E.2d 818, 60 N.Y.2d 864, 470 N.Y.S.2d 359, 1983 N.Y. LEXIS 3530
CourtNew York Court of Appeals
DecidedNovember 22, 1983
StatusPublished
Cited by4 cases

This text of 458 N.E.2d 818 (In re the Estate of Smith) is published on Counsel Stack Legal Research, covering New York Court of Appeals 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 Smith, 458 N.E.2d 818, 60 N.Y.2d 864, 470 N.Y.S.2d 359, 1983 N.Y. LEXIS 3530 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs to all parties appearing separately and filing [866]*866briefs, payable out of the estate, for the reasons stated in the memorandum in that court (90 AD2d 905).

If the word “including” in the fourth paragraph of the will is read to mean “as well as” the pattern of decedent’s dispositive plan becomes evident and internally consistent. Subject to the gift of his residence to his wife to enjoy during her lifetime if she did not predecease him, he gave the residence to his friend Margaret Mary Heit. If his wife did predecease him, he gave what would have been her life interest in the residence, as well as the “fee” thereof, to Margaret Mary Heit.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed in a memorandum, with costs payable out of the estate to all parties appearing separately and filing separate briefs.

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Cite This Page — Counsel Stack

Bluebook (online)
458 N.E.2d 818, 60 N.Y.2d 864, 470 N.Y.S.2d 359, 1983 N.Y. LEXIS 3530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-smith-ny-1983.