Mathie v. Schwarze

WOOD, (Parker), J.

Under a will, dated June 15, 1939, and admitted to probate as a lost or destroyed will, decedent gave her property in equal shares to her husband and daughter, and provided therein that should “any devisee or legatee” contest said will his “share” should be revoked. This is an appeal by the husband from an order for “Ratable Distribu tion” decreeing that he contested said will; that he forfeited all right to have any portion of the estate distributed to him; and that all of the estate (except a certain sum retained for •taxes and costs) be distributed to decedent’s daughter,…