Elwyn v. Comeau

Sherman B. Elwyn and Cornelia Elwyn executed a joint will on the 15th day of November, 1948. Following the death of Cornelia Elwyn on July 12, 1949 and on the 25th day of July, 1949 the aforesaid will was duly admitted to probate by the Surrogate’s Court of Ulster County. On the 30th day of December, 1951, Gerald Elwyn, the only child of Sherman and Cornelia Elwyn, died. The plaintiff is the widow of the said Gerald Elwyn.

On or about the 29th day of February, 1952 Sherman B. Elwyn executed a will, the terms of which differ somewhat from the provisions of the aforesaid joint will. Sherman B.…