In re the Estate of Utter

Flemming, S.

The petition for probate seeks a construction of the residuary clause of decedent’s will. The clause reads as follows:

“ Fifth. I give, devise and bequeath to the one who makes a home for me and cares for me in my last days is to have the residue of my property.”

Decedent was a widow past eighty years of age. She had lived the greater part of her life in Sidney Center, N. Y. In February, 1938, decedent lived at the home of William H. Benedict and assisted in the household duties. On the 18th day of February, 1938, she made her will, which was prepared by William H. Benedict, and he…