Matter of Estate of Smith

GARRARD, Presiding Judge.

This appeal arises from objections filed by a widow to the final account in her deceased husband's estate.

The pertinent facts are easily stated. In May 1974 the decedent, who was then unmarried, financed the purchase of a residence by borrowing $60,000 from the First National Bank of Rochester (the bank). In return he executed a promissory note payable in monthly installments over fifteen years, a purchase money mortgage, an assignment of rental income from a business property and a pledge of certain savings certificates. Title to the real estate was conveyed to the…