Legal Opinion

In re the Estate of Prince

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1990Published

1Opinion of the Court

OPINION OF THE COURT

Mahoney, P. J.

Florence Prince (hereinafter decedent) died in June 1988 survived by respondent, who was her husband, and four children from a prior marriage. In her will, decedent be*281queathed to respondent a life estate in realty provided that he pay all taxes, insurance and operating expenses of the residence and live in the house. In the event that respondent failed to pay such expenses or live in the house as his primary residence, or if he elected against the estate, the bequest lapsed. Decedent’s will further directed that respondent did not have the right to sell,…

2Cases cited5 opinions

  1. Matter of ByrnesNew York Court of Appeals · 1933
  2. In re the Estate of BommerNew York Surrogate's Court · 1936
  3. In re the Construction of the Will of ShupackNew York Court of Appeals · 1956
  4. In re the Estate of ArlinNew York Surrogate's Court · 1983
  5. In re the Estate of ArlinAppellate Division of the Supreme Court of the State of New York · 1984

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