In re Fitzsimmons

OPINION OF THE COURT

Peter J. Kelly, J.

In this proceeding to determine, inter alia, that a specific devise of real property has adeemed, petitioner Marcia Fitzsimmons *484(hereinafter Marcia) moves for summary judgment. Respondent Brenda Watson (hereinafter Brenda) opposes the motion.

The pertinent facts are not in dispute. In 1979, Lillian Hill (hereinafter decedent) and her husband William purchased the real property that is the subject of this proceeding as tenants by the entirety. Subsequent to the death of her husband, the decedent executed a last will and testament, dated February 3, 2003,…