In re the Estate of Nelson

OPINION OF THE COURT

C. Raymond Radigan, J.

In this construction proceeding the court determined in a prior decision (134 Misc 2d 936) that the devise to the decedent’s husband of her dwelling house in paragraph three of the will constituted a devise on condition. The devise is made "upon condition that should my husband, James A. Nelson, sell and/or transfer title to the said dwelling house during his lifetime, that the sum of one-third of the appraised value thereof be paid by him at closing of title to my estate and become a part of my residuary estate, otherwise this devise herein provided…