Smith v. Bush

The controversy is over the will of Lucius C. Durgy, which reads as follows:

“ The Last Will and Testament of Lucius O. Durgy, of the town of Bethany, County of Genesee and State of Mew York.

“ I, Lucius 0. Durgy aware of the uncertainty of life, do make, ordain, publish and declare this my last Will and Testament, in manner and form following, that is to say:

“After the payment of my funeral charges, the expenses of administering my estate and my lawful debts, I give, devise and bequeath my property as follows:

" First, to my lawful wife Betsey A. Durgy the use of all my estate both real and…