In re the Estate of Reininger

LYONS, P.J.Ch.

This case addresses when a remainder vests, the prerequisites for the application of the doctrine of probable intent and the proofs needed to prevail in a probable intent contest.

The facts presented in the case are as follows.

The interpretation of the will of Nicholas Reininger (“Will”) is before the court. Nicholas Reininger (“Decedent”) died on July 19, 1990 leaving a Last Will and Testament dated February 1, 1974. The Will was admitted to probate on August 17, 1990. Martha Reininger (“Martha”), the decedent’s widow, and Edwin A. Dolan, Jr. (“Edwin”), the decedent’s nephew,…