In re the Estate of Witherspoon

Foley, S.

Various questions of construction have been raised in this accounting proceeding. The will is holographic and the doubts which have arisen as to its meaning are due to the inept language used by the testator. His intent, however, is reasonably clear.

Rebecca Edna Glover, otherwise known as Rebecca Edna Wither-spoon, was given a legal life estate in the one-half interest of the testator, as tenant in common, in the property, No 134 West One Hundred and Thirty-first street, New York city. The condition against her remarriage contained in paragraph fourth of the will did not affect such…