In re the Estate of Smith

Appeal from a decree of the Surrogate’s Court of Otsego County (Kepner, Jr., S.), entered November 16, 1981, which construed the terms of decedent’s will. Decedent died a resident of Otsego County and his will, dated February 17, 1975, was admitted to probate. His wife died thereafter on August 16,1980. At the time of decedent’s death, he was the owner of certain real estate including a residence located in the Town of Butternuts. The question to be determined is whether the decedent husband intended to devise to his wife a life estate in his residence or the entire fee. The Surrogate…