In re the Estate of Hastings

Appeal from an order of the Surrogate’s Court of Franklin County (Main, Jr., S.), entered October 22, 1991, which, inter alia, denied petitioners’ motions to dismiss respondents’ claims against decedent’s estate and objections to petitioners’ accounting of decedent’s estate.

Ralph Hastings (hereinafter Hastings) and Esther M. Hastings (hereinafter decedent) were married in 1923. In 1956 Hastings executed a will which stated that: "I give, devise and bequeath unto my wife, Esther M. Hastings, the use and income of the rest, residue and remainder of my property, both real and personal, of every…