Succession of Augustus

GULOTTA, Judge.

Decedent bequeathed to her husband the usufruct of her separate property under the following conditions:

“ . . . said usufruct to be for his lifetime and to terminate only upon his death or in the event he allows Thelma Poitant Augustus or Cecile Hill to enter this house.”

By way of background, from 1937 to 1946, Leonard Augustus, the usufructuary, lived with decedent, Hattie Simon. In 1946, he married Thelma Poitant; however, shortly thereafter returned to live with decedent. In 1960, while Augustus was still married to Poitant, Simon executed the statutory will containing the…