In re the Estate of Nash

Casey, J. P.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a decree of the Surrogate’s Court of Dutchess County (Benson, S.), entered July 3, 1990, which construed the language of paragraph "first” of decedent’s last will and testament.

In this will construction case, petitioner contends that only a life estate was created by the dispositional paragraph of decedent’s will, which provides as follows: "First, after my lawful debts are paid, I give my house * * * to my son, James R. Nash, for his own use forever.” Accepting petitioner’s argument that…